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CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs

Kaveri Ceramics Pvt Ltd obtains registration of a new teapot design. The Controller wishes to know what the Designs Act, 2000 requires next, as soon as may be after registration. Which step is required?

After registration the Controller must, as soon as may be, publish the prescribed particulars of the design in the prescribed manner. Once published, the design is open to public inspection. The Act does not require confidentiality, publication of manufacturing processes, or waiting for a licence entry.

  1. APublication of the prescribed particulars of the design in the prescribed manner, after which the design is open to public inspectionCorrect
  2. BKeeping the design confidential until the proprietor consents to inspection
  3. CPublication of the full manufacturing process of the teapot in the Official Gazette
  4. DPublication only after the first licence of the design is entered in the register

Explanation

Section 7 requires the Controller, as soon as may be after registration, to cause publication of the prescribed particulars in the prescribed manner. Thereafter the design is open to public inspection. Confidentiality until consent has no basis in the section.

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