CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs
Tara Crafts exhibits a new toy design at an industrial exhibition to which the Central Government has extended Section 21 by notification. She gave the Controller previous notice in the prescribed form. She files the design application seven months after first exhibiting it. Ignoring other issues, what is the result?
The protection is lost. Section 21 requires both previous notice to the Controller and an application within six months of first exhibiting. Tara filed after seven months, so the exhibition counts as prior disclosure and the design can be refused registration.
- AThe exhibition protection applies because notice was given
- BThe exhibition protection is lost because the application was not made within six months of first exhibitingCorrect
- CThe exhibition protection applies because the exhibition was notified
- DThe design is registrable only if the exhibition was held abroad
Explanation
Section 21 saves the design only if both conditions in the proviso are met: previous notice to the Controller and an application made within six months from first exhibiting. Tara met the notice condition but not the six-month limit, so the exhibition is a prior disclosure under Section 4(b) and registration can be refused.
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