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

Meera Furnishings holds a registered design. The Central Government wishes to use the design for a public project. Which statement is correct under the Designs Act, 2000?

Section 20 says a registered design binds the Government to the same extent as any person, and Chapter XVII of the Patents Act, 1970 applies to registered designs as it applies to patents. The Government is therefore not exempt from the design right.

  1. AA registered design has the same effect against the Government as against any person, and Chapter XVII of the Patents Act, 1970 applies to registered designs as it applies to patentsCorrect
  2. BThe Government is exempt from the design right in all cases
  3. CA registered design binds the Government only after a separate notification for each design
  4. DChapter XVII of the Patents Act applies only to patents, not to designs

Explanation

Section 20 states that a registered design has the like effect against the Government as against any person, and that Chapter XVII of the Patents Act applies to registered designs as to patents. The options claiming Government exemption or notification contradict this.

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