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

Meera Textiles displayed its new fabric pattern at an industrial exhibition to which the Central Government had extended section 21 of the Designs Act, 2000 by notification. She had given the Controller previous notice in the prescribed form before exhibiting. Her exhibition began on 1 March. By what date must she apply for registration to keep the benefit of section 21?

She must apply within six months from the date of first exhibiting the design, here 1 March. Section 21 protects the design only if previous notice is given to the Controller and the application is filed within that six-month period.

  1. AWithin three months of 1 March
  2. BWithin six months of 1 MarchCorrect
  3. CWithin nine months of 1 March
  4. DWithin twelve months of 1 March

Explanation

Section 21 saves the design from prior-publication objections if the exhibitor gives the Controller previous notice in the prescribed form and applies within six months from the date of first exhibiting. Three, nine or twelve months are not the statutory period.

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