CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs
Rohit Footwear's registered design lapsed for non-payment of the extension fee. Later, within one year, the registration was restored. Between the lapse and the restoration, Sanjay Shoes copied the design and sold shoes. Under the Designs Act, 2000, what can Rohit do about that interim period?
Rohit cannot start any suit or proceeding for piracy for acts done between the lapse and the restoration. Section 14(2) bars such proceedings for that gap period, and section 14(1) also lets the Controller impose protective conditions for persons who began using the design in that interval.
- ASue Sanjay for piracy for the interim period as restoration works retrospectively
- BSue only for damages but not injunction for the interim period
- CCommence no suit or proceeding for piracy or infringement of copyright committed between the lapse and the restorationCorrect
- DSue Sanjay only if the Controller imposes no conditions on restoration
Explanation
Section 14(2) bars any suit or proceeding for piracy of a registered design or infringement of copyright in the design committed between the date registration ceased to have effect and the date of restoration. Option about damages only is wrong since the bar covers all proceedings.
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