CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs
Rohan Appliances registers a kettle design. A State-owned corporation, acting for the Central Government, uses the design without Rohan's consent for official purposes. Rohan argues that the registration binds the Government. Which statement is correct under the Designs Act, 2000?
A registered design has the same effect against the Government as against any person, and the provisions of Chapter XVII of the Patents Act, 1970 apply to registered designs as they apply to patents. Rohan is correct that the Government is bound.
- AA registered design has the like effect against the Government as against any person, and Chapter XVII of the Patents Act, 1970 applies to registered designs as to patentsCorrect
- BGovernment use is wholly outside the Act and Chapter XVII of the Patents Act has no application to designs
- CA registered design binds the Government only after a separate notification for each design
- DThe Government is bound, but only the Patents Act provisions on certificates of validity apply to its use
Explanation
Section 20 gives a registered design the like effect against the Government as against any person and applies Chapter XVII of the Patents Act, 1970 to designs as it applies to patents. The option denying application is contrary to this, and the notification and validity-certificate options add limits not found in the section.
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