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CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property

Meera Textiles Pvt Ltd, Surat, creates a unique repeating floral pattern for its sarees and wants exclusive rights over the visual appearance of the saree design for ten years, extendable. Which IP right is most directly designed to protect this?

Design registration under the Designs Act, 2000 is correct because it protects the aesthetic features of pattern, shape or ornamentation applied to an article. A patent covers technical inventions, a GI covers place-linked goods, and a trade secret needs confidentiality, which a visible saree pattern cannot have.

  1. AIndustrial design registration under the Designs Act, 2000Correct
  2. BPatent under the Patents Act, 1970
  3. CGeographical indication registration
  4. DProtection of trade secrets

Explanation

The visual features of shape, pattern or ornamentation applied to an article, judged by the eye, are protected as a registered industrial design. The initial term is ten years, extendable by five years. A patent protects inventions, not appearance; a GI relates to place-linked origin; a trade secret relies on confidentiality, which a visible pattern lacks.

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