Skip to content

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

Veda Toys Pvt Ltd of Pune launched a new toy-car shape in Mumbai and sold it openly for three months. Only afterwards did it file an application in India to register the shape as a design. The Controller examines the application against the statutory prohibitions. What is the likely outcome?

Registration is refused. Under the Designs Act, 2000, a design disclosed to the public anywhere in India or abroad, by publication or use, before the filing or priority date cannot be registered, and open sales in Mumbai amount to such disclosure by use.

  1. ARegistration is refused because the design was disclosed to the public by use before the filing dateCorrect
  2. BRegistration is granted because the sales were limited to Mumbai and not all of India
  3. CRegistration is granted because disclosure before filing is only relevant to patents
  4. DRegistration is refused only if the sales were made outside India

Explanation

Section 4(b) bars registration of a design disclosed to the public anywhere in India or any other country, by publication in tangible form, by use or in any other way, before the filing date or priority date. Public sales in Mumbai are disclosure by use, so the design cannot be registered. The option limiting this to sales outside India ignores the words 'anywhere in India'.

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.

Practise Industrial DesignsFree diagnostic mock

More Industrial Designs questions