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.
- 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
- BA registered design binds only private persons and never the Government
- CA registered design binds the Government only if the Government has first consented in writing
- 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.
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.
More Industrial Designs questions
- Rohit Footwear's registered design lapsed for non-payment of the extension fee. Later, within one year, the registration was restored. Betwe…
- The patent office of a state maintains the register of designs wholly on computer. A dispute arises about whether a computer entry counts as…
- Rohan Appliances registers a kettle design. A State-owned corporation, acting for the Central Government, uses the design without Rohan's co…
- Meera Ceramics registers a vase design. After registration, the Controller must act under the Act's publication provision. Which is correct?
- Under the Designs Act, 2000, where the registration of a lapsed design is restored, what is the position regarding proceedings for piracy co…
- Veda Toys Pvt Ltd of Pune launched a new toy-car shape in Mumbai and sold it openly for three months. Only afterwards did it file an applica…