CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Designs
The Central Government notifies that the registration of a design applied to articles used for war must be cancelled in the interest of the security of India. What does the Designs Act, 2000 require of the Controller?
The Controller must take the cancellation action specified by the Central Government's notification in the Official Gazette and must not disclose information about the design or its application that he considers prejudicial to the security of India. Proprietor consent or publication is not required.
- ARefuse to act since cancellation belongs only to the High Court
- BTake the cancellation action specified by the notification, and not disclose information he considers prejudicial to the security of IndiaCorrect
- CPublish all details of the design so that the public may object
- DWait for the proprietor's consent before taking action
Explanation
Section 46 says that, notwithstanding anything in the Act, the Controller shall not disclose information he considers prejudicial to the security of India and shall take the cancellation action the Central Government specifies by notification.
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