CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs
Rohan displays his lamp design at a notified exhibition on 10 January and gives the Controller previous notice in the prescribed form. Meanwhile, a third party, without Rohan's privity or consent, publishes a description of the design elsewhere during the exhibition. Rohan files his application five months after 10 January. What is the position under the Designs Act, 2000?
Registration is not prevented. The Act protects the design even where another person exhibits or publishes a description elsewhere without the proprietor's privity or consent, provided notice was given and the application is made within six months from first exhibiting.
- ARegistration is barred because the publication was by a third party elsewhere
- BRegistration is barred because the exhibition did not occur abroad
- CRegistration is not prevented, as the section covers publication elsewhere without privity or consent and Rohan's application is within six monthsCorrect
- DRegistration is allowed only if the Central Government notifies the third party's publication
Explanation
Section 21 covers exhibition or publication of a description by any person elsewhere during or after the exhibition without the proprietor's privity or consent. Rohan gave notice and applied within six months of first exhibiting (five months). Hence registration is not prevented and not invalidated.
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