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

Veena Textiles of Surat wants to know the territorial reach of the Designs Act, 2000 before registering a sari border pattern. Which statement about the extent of the Act is correct?

The Designs Act, 2000 extends to the whole of India, as provided in Section 1(2). It is not limited to particular States or cities, and it does not itself extend to other countries. A design registered under it is therefore protected across India.

  1. AIt extends only to States that notify it individually
  2. BIt extends to the whole of IndiaCorrect
  3. CIt extends to India and to countries that are members of the Paris Convention
  4. DIt extends only to the metropolitan cities where a patent office is located

Explanation

Section 1(2) states that the Act extends to the whole of India. It is not limited by State notification or by the location of a patent office. Nothing in the section extends it abroad.

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