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

Meridian Footwear obtained registration of a sandal design. A Central Government department begins using an identical sandal pattern on uniforms it procures, arguing that the Government is not bound by private design rights. Which view is consistent with the Designs Act, 2000?

The registered design binds the Government just as it binds any person. Section 20 gives a registered design the like effect against the Government, and applies Chapter XVII of the Patents Act, 1970 to designs as it applies to patents. The department's argument therefore fails.

  1. AThe Government is exempt because designs are private property
  2. BThe Government is exempt only if the use is for uniforms
  3. CThe registered design has the like effect against the Government as against any person, with Chapter XVII of the Patents Act, 1970 applying to designs as it applies to patentsCorrect
  4. DThe registered design binds the Government only after a certificate of validity is obtained

Explanation

Section 20 says a registered design has to all intents the like effect against the Government as against any person, and that Chapter XVII of the Patents Act, 1970 applies to registered designs as it applies to patents. No exemption for uniforms exists, and no certificate of validity is a precondition.

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