Skip to content

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

Kavita Furnishings registered a chair design. Later, in an infringement dispute, the defendant disputes that Kavita is the proprietor. Kavita relies on the register of designs kept at the patent office. What is the evidentiary value of the register under the Act?

The register is prima facie evidence of any matter the Act directs or authorises to be entered in it. It is therefore presumptively reliable but rebuttable, not conclusive proof, so Kavita's entry supports her claim yet can be challenged by the defendant.

  1. AIt is conclusive proof of every matter entered in it
  2. BIt has no evidentiary value unless supported by an affidavit
  3. CIt is evidence only of the date of the Gazette notification
  4. DIt is prima facie evidence of any matter the Act directs or authorises to be entered in itCorrect

Explanation

Section 10(4) provides that the register of designs is prima facie evidence of any matter directed or authorised by the Act to be entered therein. It is therefore rebuttable, not conclusive, which is why the 'conclusive proof' option is wrong.

Did you get it right without looking?

One question tells you little. A timed set on Industrial Designs shows your real accuracy, how long you take and where you lose marks.

Practise Industrial DesignsFree diagnostic mock

More Industrial Designs questions