Pratap, a civil engineer devises a new principle of construction. He would like protect his new construction principle and approaches you to suggest for suitable Intellectual Property (IP) protection measures. Suggest Pr
CS Executive · Setting up of Business Entities and Closure · PYQS · June 2021
Pratap, a civil engineer devises a new principle of construction. He would like protect his new construction principle and approaches you to suggest for suitable Intellectual Property (IP) protection measures. Suggest Pratap, a suitable IP protection registration for his new principle of construction and brief him some of the salient features of the Act which provides such protection.
Answer & Explanation:
Pratap may register under the Designs Act, 2000. However, any mode or principle of construction or operation or anything which is in substance a mere mechanical device, would not be a registrable design. For instance a key having its novelty only in the shape of its corrugation or bent at the portion intended to engage with levers inside the lock associated with, cannot be registered as a design under the Act. The salient features of the Design Act, 2000 are as under: Enlarging the scope of definition of the terms "article", "design" and "introduction of definition of original". Amplifying the scope of "prior publication". Introduction of provision for delegation of powers of the Controller to other officers and stipulating statutory duties of examiners. Provision of identification of non-registrable designs. Provision for substitution of applicant before registration of a design. Substitution of Indian classification by internationally followed system of classification. Provision for inclusion of a register to be maintained on computer as a Register of Designs. Provision for restoration of lapsed designs.
Topics: Intellectual Property Rights
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