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CS Executive · Economic, Commercial and Intellectual Property Laws · Intellectual Property Rights

Tara Designs has a lapsed registered design which the Controller later restores. A rival copied the design during the gap between lapse and restoration. Under section 14 of the Designs Act, 2000, what is the position?

No suit or other proceeding can be commenced for piracy of the design committed between the date its registration ceased to have effect and the date of restoration. Restoration does not revive remedies for that gap period, regardless of notice or any fee paid.

  1. ANo suit or proceeding can be commenced for piracy committed between the date registration ceased and the date of restorationCorrect
  2. BThe proprietor may sue for damages for the whole gap period
  3. CThe proprietor may sue only if the rival had notice of the design
  4. DThe proprietor may sue after paying a fresh fee

Explanation

Section 14(2) of the Designs Act, 2000 says no suit or other proceeding shall be commenced in respect of piracy of a registered design committed between the date registration ceased to have effect and the date of restoration. Notice or fees do not change this bar.

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