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CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs

The Union Government wishes to use a design registered in the name of Rohan Appliances Pvt Ltd for a public purpose. Rohan argues that a registered design cannot bind the Government. What is the correct position under the Designs Act, 2000?

A registered design binds the Government in the same way as any person. Section 20 of the Designs Act also applies Chapter XVII of the Patents Act, 1970 to registered designs as it applies to patents, so Rohan's design has effect against the Government.

  1. AThe registered design has the same effect against the Government as against any person, and Chapter XVII of the Patents Act, 1970 applies to registered designs as to patentsCorrect
  2. BThe Government is exempt from design rights and no provision of the Patents Act applies
  3. COnly the Controller may permit Government use, and the Patents Act has no role
  4. DThe design binds the Government only if it has been extended by notification at an exhibition

Explanation

Section 20 says a registered design has the like effect against the Government as against any person, and Chapter XVII of the Patents Act applies to registered designs as it does to patents. The exemption and exhibition options contradict this text.

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