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

Rohan Ceramics argues that the register of designs kept at the patent office is conclusive proof of everything entered in it. Which statement correctly reflects the Designs Act, 2000?

The register of designs is prima facie evidence of any matter the Act directs or authorises to be entered in it, under Section 10(4). It is therefore rebuttable rather than conclusive, and it may be maintained wholly or partly on computer.

  1. AThe register is conclusive evidence of all matters entered in it
  2. BThe register is prima facie evidence of any matter directed or authorised to be entered in itCorrect
  3. CThe register is inadmissible unless maintained in paper form
  4. DThe register records only designs, never the names of proprietors

Explanation

Section 10(4) makes the register prima facie evidence of any matter directed or authorised by the Act to be entered. Prima facie means rebuttable, not conclusive. Section 10(1) also says names and addresses of proprietors are entered and the register may be kept wholly or partly on computer.

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