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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Designs

Meera Textiles files an application to register a floral print design for shawls. Under the Designs Act, 2000, from which date is the design, once registered, treated as registered?

A registered design is treated as registered from the date of the application for registration, as section 5(6) states. Later steps such as examination or publication of particulars do not change that date.

  1. AThe date on which the Controller publishes its particulars
  2. BThe date of the application for registrationCorrect
  3. CThe date on which the examiner submits the report
  4. DThe date on which the registration fee is first assessed

Explanation

Section 5(6) provides that a design when registered shall be registered as of the date of the application for registration. Publication under section 7 happens later and does not fix the registration date. The examiner's report is only a step before registration.

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