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

Rohit, a freelance artist, is paid fair consideration by Sundaram Home Products to create a bottle shape for its range, and nothing else is agreed. Who is the 'proprietor of the new or original design' under the Designs Act, 2000?

Sundaram Home Products is the proprietor. Where an author executes a design for another person for good consideration, the Act treats the person for whom it was executed as the proprietor. The author is proprietor only where no such commissioning or acquisition applies.

  1. ARohit, as the author, in every case
  2. BSundaram Home Products, as the person for whom the design was executed for good considerationCorrect
  3. CThe Controller, until registration
  4. DBoth equally, by default

Explanation

Under the definition of proprietor, where the author executes the work for another person for good consideration, the proprietor is the person for whom the design is so executed. The author is proprietor only in other cases. Option A ignores this first limb.

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