Skip to content

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

Rohan Textiles files an application for registration of a design but, through oversight, does not pay the prescribed fee for a particular proceeding for which the Designs Act requires a fee. What is the legal position of that proceeding?

A proceeding for which a fee is payable under the Designs Act or its rules has no effect unless the fee has been paid. Non-payment therefore makes the proceeding ineffective; it is not valid with the fee recoverable later.

  1. AIt is valid, and the fee can be recovered later as an arrear
  2. BIt is of no effect unless the fee has been paidCorrect
  3. CIt is valid but the design is registered with a lower priority date
  4. DIt is treated as a proceeding only for the Controller's discretion

Explanation

Section 24(2) says a proceeding for which a fee is payable under the Act or rules shall be of no effect unless the fee has been paid. So non-payment makes the proceeding ineffective, not merely delayed or recoverable later.

Did you get it right without looking?

One question tells you little. A timed set on Law relating to Designs shows your real accuracy, how long you take and where you lose marks.

Practise Law relating to DesignsFree diagnostic mock

More Law relating to Designs questions