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

Rohan Lamps displayed its new lamp design at an industrial exhibition to which section 21 of the Designs Act, 2000 had been extended by notification. Rohan gave the Controller prior notice in the prescribed form on the day of display, 10 March. Which filing date for the registration application would preserve the right to register the design?

Rohan must apply within six months from first exhibiting the design, so by 10 September. Section 21 protects registrability only if the exhibitor gave prior notice in the prescribed form and files within that six-month window. Later filing risks loss of novelty.

  1. AAny date up to 10 September of the same yearCorrect
  2. BAny date up to 10 June of the same year
  3. COnly on or before 10 March, the display date
  4. DAny time, since exhibition display never affects registrability

Explanation

Section 21 saves registration if prior notice is given and the application is made within six months of first exhibiting the design. Six months from 10 March ends on 10 September. Three months is too short, and a fixed same-day deadline or unlimited time is not provided.

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