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

Kiran Textiles holds a registered design for a fabric pattern. A State-run corporation uses the identical pattern on uniforms it procures, without Kiran's licence, arguing that a Government body cannot be sued for design infringement. Under the Designs Act, 2000, which statement is correct?

A registered design binds the Government exactly as it binds any person, and the Patents Act, 1970 Chapter XVII provisions apply to registered designs as they apply to patents. Government immunity from the proprietor's rights is not recognised by the Designs Act, 2000.

  1. AA registered design has the like effect against the Government as against any person, and Chapter XVII of the Patents Act, 1970 applies to registered designs as to patentsCorrect
  2. BA registered design binds only private persons and never the Government
  3. CA registered design binds the Government only if the Government has first consented in writing
  4. DA registered design binds the Government only for articles used in defence

Explanation

Section 20 provides that a registered design has to all intents the like effect against the Government as against any person. It also applies Chapter XVII of the Patents Act, 1970 to registered designs as to patents. The corporation's argument therefore fails; there is no consent or defence-only condition.

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