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CS Professional · Intellectual Property Rights - Law and Practice · Layout-Designs of Integrated Circuits

Kaveri Chips Pvt Ltd began selling devices using its layout-design in Pune in January 2022 and applied for registration in March 2024. No other facts are relevant. Under Section 7, what is the likely result?

Registration is barred. The layout-design was commercially exploited in India for about twenty-six months before filing, which is more than the two-year allowance in the proviso to Section 7. The period is measured back from the application date, so the exploitation disqualifies the layout-design.

  1. ARegistration is not barred, because the sales were only in India and not in a convention country
  2. BRegistration is barred, because the exploitation exceeded two years before the filing dateCorrect
  3. CRegistration is not barred, because the two-year period runs from the date of registration
  4. DRegistration is barred only if a competitor has already registered a similar layout-design

Explanation

From January 2022 to March 2024 is about 26 months, beyond two years before filing. The proviso therefore does not apply, and Section 7(1)(b) bars the layout-design because it was commercially exploited in India. The period is counted back from the filing date, not from registration.

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