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CS Professional · Intellectual Property Rights - Law and Practice · Types of Intellectual Property

Meera Textiles in Surat creates a new floral pattern for printing on sarees and applies the pattern to fabric by a printing process. It wants to register the pattern under the Designs Act, 2000. Which feature of the pattern makes it eligible as a 'design'?

The pattern qualifies because it is a feature of pattern or ornament applied to an article by an industrial process and, in the finished article, appeals to and is judged solely by the eye. Functional construction, mode of weaving and trade marks are excluded from the Designs Act definition.

  1. AThe pattern is applied to an article by an industrial process and appeals to the eye in the finished articleCorrect
  2. BThe pattern gives the saree a new method of weaving that is useful in function
  3. CThe pattern is the mode or principle of construction of the saree
  4. DThe pattern is a trade mark used to identify the maker of the saree

Explanation

Under the Designs Act, 2000, a design means features of shape, configuration, pattern, ornament or composition of lines or colours applied to an article by any industrial process, which in the finished article appeal to and are judged solely by the eye. Functional methods, principles of construction and trade marks are excluded from the definition.

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