CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs
Meera Textiles holds a registered design for a saree border pattern. A rival, Kaveri Fabrics, sends letters to Meera's retailers threatening legal proceedings and later fails to sue. Which provision of the Patents Act, 1970, is made applicable to registered designs by the Designs Act, 2000, that Meera can rely on here?
Meera can rely on the Patents Act remedy for groundless threats of legal proceedings. Section 23 of the Designs Act applies this remedy, along with certificates of validity, to registered designs, reading the proprietor of the design in place of the patentee. Other patent provisions are not carried over.
- AThe remedy in case of groundless threats of legal proceedings by a patenteeCorrect
- BThe provisions on compulsory licensing of patents
- CThe provisions on pre-grant opposition by any person
- DThe provisions on extension of patent term by way of working
Explanation
Section 23 of the Designs Act applies the Patents Act provisions on certificates of validity and on the remedy for groundless threats of legal proceedings to registered designs. The proprietor of the design is read in place of the patentee. Compulsory licensing, pre-grant opposition and term extension are not among the provisions carried over by that section.
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