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

Meera Textiles in Surat sells a saree with a floral border pattern at its showroom for three months and only then files an application to register the pattern as a design. The design was not otherwise protected. What is the likely outcome under the Designs Act, 2000?

Registration will be refused. Section 4(b) prohibits registering a design that was disclosed to the public by use or otherwise before the filing date, and the applicant's own showroom sales count as that disclosure.

  1. ARegistration will be refused because the design was disclosed to the public by use before the filing dateCorrect
  2. BRegistration will be granted because the sale was by the applicant herself
  3. CRegistration will be granted if the fee is doubled
  4. DRegistration will be granted but only for three years

Explanation

Section 4(b) bars registration of a design disclosed to the public anywhere in India or elsewhere, by publication, use or any other way, before the filing date or priority date. Sale at the showroom is such use. The fact that the applicant herself made the disclosure does not save the design, so the other options are wrong.

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