CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs
Veda Textiles Pvt Ltd of Surat holds a registered design for a saree border pattern. A rival, Kapoor Fabrics, sends letters to Veda's customers falsely warning them of legal action over a similar pattern that Veda actually produces. Veda wants relief for the groundless threats. Under the Designs Act, 2000, which Patents Act, 1970 provision is applied to registered designs for this purpose?
Section 23 applies the Patents Act remedy for groundless threats of legal proceedings to registered designs, treating the design proprietor as the patentee. So Veda can use that remedy against Kapoor Fabrics. The other listed patent provisions are not imported by that section.
- AThe remedy for groundless threats of legal proceedings by a patentee, applied with the proprietor of the design in place of the patenteeCorrect
- BThe provisions on compulsory licensing of patents, applied to the design proprietor
- CThe provisions on pre-grant opposition, applied to the design
- DThe provisions on patent term extension for pharmaceutical products
Explanation
Section 23 of the Designs Act applies the Patents Act provisions on the remedy for groundless threats of legal proceedings to registered designs, substituting the proprietor of a design for the patentee. Compulsory licensing, pre-grant opposition and term extension are not among the provisions it applies.
Did you get it right without looking?
One question tells you little. A timed set on Industrial Designs shows your real accuracy, how long you take and where you lose marks.
More Industrial Designs questions
- Anita Designs assigns its registered design to Rohan Furnishings. Under the Designs Act, 2000, what does the register of designs kept at the…
- Rohan Lamps displayed its new lamp design at an industrial exhibition to which section 21 of the Designs Act, 2000 had been extended by noti…
- Kaveri Ceramics Pvt Ltd obtains registration of a new teapot design. The Controller wishes to know what the Designs Act, 2000 requires next,…
- Anjali Home Decor files for a lamp-shade design which differs from a widely known shade only in the colour of a tassel, a change a viewer wo…
- Veena Textiles of Surat wants to know the territorial reach of the Designs Act, 2000 before registering a sari border pattern. Which stateme…
- Ishaan Toys claims it owns a registered design, relying on the entry in the register of designs kept at the patent office. The rival Mehra P…