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

Sunil, a shopkeeper, displays for sale furniture bearing a design registered by Nair Furnishings, knowing that the design had been applied to the furniture without the proprietor's consent. The furniture is in the registered class. Sunil's act is:

Sunil commits piracy. The Act prohibits a person who knows that the registered design or an obvious imitation was applied to an article in the registered class without the proprietor's consent from publishing or exposing that article for sale. He need not have applied or imported the design himself.

  1. ANot piracy, since he did not apply the design himself
  2. BNot piracy, since only manufacturers can pirate
  3. CPiracy, because knowingly publishing or exposing such an article for sale is prohibitedCorrect
  4. DPiracy only if he also imported the furniture

Explanation

Section 22(1)(c) covers a person who, knowing that the design or an obvious imitation was applied without the proprietor's consent, publishes or exposes the article for sale. Applying or importing is not necessary, and knowledge is the key element.

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