CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs
Sunita Gadgets' registered design lapsed because the extension fee was not paid. It applies for restoration and also did not record an assignment in the register earlier. Which statement is correct under the Designs Act, 2000?
The Controller shall restore the design if satisfied the non-payment was unintentional and there was no undue delay, on payment of the unpaid fee plus the prescribed additional fee. As a condition, the Controller may require unrecorded documents or matters to be entered in the register, under Section 13.
- AIf the failure was unintentional and there was no undue delay, the Controller shall restore on payment of the unpaid fee and the prescribed additional fee, and may require the unrecorded matter to be entered as a conditionCorrect
- BThe Controller must restore the design whatever the reason for non-payment
- CThe Controller may restore only if the design was first exhibited at a notified exhibition
- DRestoration is possible only by appeal to the High Court
Explanation
Section 13 requires satisfaction that the failure was unintentional and no undue delay occurred, then restoration on payment of the unpaid and additional fees. The Controller may also require entry in the register of any document or matter not yet entered. The other options add conditions not in the section.
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