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

Meera applies in a convention country on 1 March for protection of a design. She then displays the article in India at a trade fair on 1 May and files an Indian application on 20 August, claiming priority. Under the Designs Act, 2000, what is the correct position?

This item is flawed.

  1. AThe Indian registration is invalidated by the Indian exhibition
  2. BPriority is lost because the Indian filing is beyond six months from the first exhibition
  3. CThe Indian filing falls outside the permitted period, so priority cannot be claimed, but the exhibition does not itself invalidate registrationCorrect
  4. DPriority cannot be claimed because the design was exhibited after the foreign application

Explanation

Section 44(1) requires the Indian application within six months from the foreign application: 1 March plus six months is 1 September, so 20 August is within time and priority is available. Section 44(2) says exhibition or publication in India during that period does not invalidate registration. So the first option, the second and the fourth are wrong, and the third option is also wrong as it says time was exceeded. Correction: 20 August is within the period, hence the correct choice must be the one stating priority is available.

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