Who is the proprietor of a design and state the prohibition in registration of certain design ?
CS Executive · Economic, Commercial and Intellectual Property Laws · PYQS · December 2023
Who is the proprietor of a design and state the prohibition in registration of certain design ?
Answer & Explanation:
According to Section 2(j) of the Designs Act, 2000 , "proprietor of a new design" includes: where the author of the design, for good consideration, executes the work for some other person, means the person for whom the design is so executed; where any person acquires the design or the right to apply the design to any article, either exclusively of any other person or otherwise, means in the respect and to the extent in and to which the design or right has been so acquired the person by whom the design or right is so acquired; and in any other case, means the author of the design and where the property in or the right to apply, the design has devolved from the original proprietor upon any other person includes that other person. The following designs are prohibited from registration under Section 4 of the Designs Act, 2000 : It is not new or original; or Has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or Is not significantly distinguishable from known designs or combination of known designs; or Comprises or contains scandalous or obscene matter.
Topics: Designs Act, 2000
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