CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property
Meera, a Pune-based designer, creates a new ornamental pattern for ceramic tiles and wants a statutory monopoly over the pattern as applied to the tiles. Under which Indian statute should she seek registration?
Meera should register under the Designs Act, 2000. That Act protects the visual features of shape, pattern or ornament applied to an article, which is exactly what a tile pattern is. Patents cover technical inventions, not appearance, so the Patents Act is unsuitable.
- AThe Designs Act, 2000Correct
- BThe Patents Act, 1970
- CThe Geographical Indications of Goods (Registration and Protection) Act, 1999
- DThe Protection of Plant Varieties and Farmers' Rights Act, 2001
Explanation
Features of shape, pattern or ornament applied to an article that appeal to the eye are protected as industrial designs under the Designs Act, 2000. The Patents Act protects inventions, not appearance. The GI Act protects goods linked to a place of origin, and the PPV Act protects plant varieties.
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