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CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Designs

Rohan files a design application but, owing to his own neglect, does not complete it so that registration can be effected within the prescribed time. Separately, his earlier application was refused by the Controller. Which statement is correct under section 5 of the Designs Act, 2000?

An application not completed in time because of the applicant's default or neglect is deemed abandoned, and a person aggrieved by the Controller's refusal to register may appeal to the High Court, as section 5(4) and (5) provide.

  1. AThe incomplete application is deemed abandoned, and a person aggrieved by a refusal may appeal to the High CourtCorrect
  2. BThe incomplete application is deemed registered, and a refusal may be appealed to the Controller
  3. CThe incomplete application stays pending indefinitely, and refusal is final with no appeal
  4. DThe incomplete application is deemed abandoned, and a refusal may be appealed to the Central Government

Explanation

Section 5(5) deems an application abandoned if, due to the applicant's default or neglect, it is not completed within the prescribed time. Section 5(4) lets an aggrieved person appeal to the High Court against a refusal. The other options misstate the consequence or the appellate forum.

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