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

Kavya Imports brings into India, for the purpose of sale, a consignment of lamp shades belonging to the class in which Anand Lighting has registered a design. The shades carry an obvious imitation of that design and Anand has not consented. Which provision of the Designs Act, 2000 is directly contravened?

The contravened provision is the bar on importing for sale, without the registered proprietor's consent, any article in the registered class to which the design or a fraudulent or obvious imitation has been applied. Kavya's import of imitation lamp shades for sale falls squarely within this prohibition on piracy.

  1. AImporting for sale such articles without the registered proprietor's consentCorrect
  2. BFailing to inspect the register of designs before import
  3. CApplying for restoration of a lapsed design
  4. DDisclosing information prejudicial to the security of India

Explanation

Section 22(1)(b) makes it unlawful to import for the purposes of sale, without the proprietor's consent, any article in the registered class bearing the design or a fraudulent or obvious imitation. The other options describe unrelated matters such as inspection, restoration and security of India.

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