CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs
The patent office of a state maintains the register of designs wholly on computer. A dispute arises about whether a computer entry counts as an 'entry in the register' for the purposes of the Designs Act, 2000. Which statement is correct?
The register may be kept wholly or partly on computer, subject to prescribed safeguards, and any reference in the Act to an entry in the register is read as the entry so maintained. No parallel paper register is required, and the pre-Act register is incorporated into the current one.
- AOnly a handwritten entry qualifies, so a computer record cannot be relied on
- BThe register may be maintained wholly or partly on computer, subject to prescribed safeguards, and any reference in the Act to an entry is construed as the entry so maintainedCorrect
- CA computer register is valid only if a parallel paper register is also kept for every entry
- DComputer maintenance is permitted only for designs registered after the Act commenced, and older designs are excluded from the register
Explanation
Section 10(1) permits maintenance wholly or partly on computer subject to prescribed safeguards, and section 10(2) treats references to an entry as references to the entry so maintained. Section 10(3) incorporates the earlier register into the new one, so older designs are not excluded.
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