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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Designs

Kavya Home Products files an application for registration of a design but the prescribed fee is not paid. What is the effect under section 24 of the Designs Act, 2000?

The proceeding is of no effect unless the prescribed fee has been paid. Section 24(2) states that any proceeding for which a fee is payable under the Act or its rules has no effect until the fee is paid, and nothing gives a right to waiver.

  1. AThe proceeding is valid and the fee can be ignored
  2. BThe proceeding is of no effect unless the fee has been paidCorrect
  3. CThe proceeding is valid but the design lapses after one year
  4. DThe Controller must waive the fee as a matter of right

Explanation

Section 24(2) provides that a proceeding for which a fee is payable under the Act or rules is of no effect unless the fee has been paid. Nonpayment therefore makes the proceeding ineffective; there is no right to waiver in the text.

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