CS Professional · Intellectual Property Rights - Law and Practice · Layout-Designs of Integrated Circuits
Rohan Circuits Pvt Ltd designed a layout-design and filed an application for registration. Before the decision, its application is pending and the layout-design has not yet been entered in the register. Rohan prints on its letterhead, "Officially connected with the Semiconductor Integrated Circuits Layout-Design Registry, Delhi", though it has no such connection. What is the legal position?
Rohan commits an offence under Section 58 by using words suggesting an official connection with the Registry. The punishment is imprisonment up to six months, or fine, or both. A pending application does not create any official connection, so it is no defence.
- ARohan is punishable with imprisonment up to six months, or fine, or both, for using words suggesting official connection with the RegistryCorrect
- BRohan commits no offence because the application is pending
- CRohan is liable only to cancellation of its application, with no penalty
- DRohan is punishable only with imprisonment of up to two years and no fine
Explanation
Section 58 punishes anyone who uses on a place of business or document words reasonably leading to a belief of official connection with the Registry, with imprisonment up to six months, or fine, or both. A pending application gives no official connection, and the penalty is not two years.
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