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

Veda Furnishings displays its new chair design at an industrial exhibition to which the Central Government has extended the exhibition provisions by Official Gazette notification. Veda gave the Controller previous notice in the prescribed form before exhibiting. Under the Designs Act, 2000, what is the effect of this exhibition on the design's registrability?

Exhibiting at a notified exhibition does not bar registration if the proprietor gave the Controller previous notice in the prescribed form and files the application within six months from the date of first exhibiting the design or article.

  1. AIt prevents registration because the design has been publicly disclosed
  2. BIt does not prevent registration, provided the application is made within six months from the date of first exhibitingCorrect
  3. CIt does not prevent registration only if the application is made within twelve months from the exhibition
  4. DIt prevents registration unless the Central Government itself approves the design

Explanation

Section 21 says exhibition at a notified exhibition does not prevent registration or invalidate it, provided previous notice is given to the Controller and the application is made within six months from the date of first exhibiting. The twelve-month option misstates the period. Veda has given notice, so the six-month limit is the condition that remains.

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