CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Designs
Neha's design for a decorative lamp contains scandalous matter. Under the Designs Act, 2000, what is the effect?
The design shall not be registered. Section 4(d) prohibits registration of a design that comprises or contains scandalous or obscene matter, even if it is new and original, and paying fees cannot remove that prohibition.
- AIt can be registered on payment of a higher fee
- BIt can be registered if it is new and original
- CIt shall not be registered because it comprises or contains scandalous or obscene matterCorrect
- DIt can be registered but not published
Explanation
Section 4(d) prohibits registration of a design that comprises or contains scandalous or obscene matter. Novelty and originality do not cure this, and section 24 fees only validate proceedings, not a barred design.
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