CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs
Under the Designs Act, 2000, where the registration of a lapsed design is restored, what is the position regarding proceedings for piracy committed between the date the registration ceased to have effect and the date of restoration?
No suit or other proceeding can be commenced for piracy of the design committed between the date registration ceased to have effect and the date of restoration. The Controller may also impose conditions protecting persons who began using the design in that interval.
- AThe proprietor may sue for damages for the whole lapsed period
- BNo suit or other proceeding shall be commenced in respect of piracy committed during that intervalCorrect
- CThe proprietor may sue only against the Government
- DThe proprietor may sue only if the Controller imposes no conditions
Explanation
Section 14(2) bars any suit or proceeding for piracy or infringement of copyright in the design committed between the date registration ceased and the date of restoration. Section 14(1) additionally allows the Controller to impose conditions protecting persons who began to use the design in that period.
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