Differentiate between substantive and non-substantive examination of designs under Design Act.
CS Professional · Intellectual Property Rights - Law and Practice · PYQS · December 2020
Differentiate between substantive and non-substantive examination of designs under Design Act.
Answer & Explanation:
The substantive and non-substantive examinations are important for registration of a design. The classification of substantive and non-substantive are made on the basis of nature of examination. In non-substantive examination of the design application, the focus is more on the procedural part or documentation of related matter, like whether prescribed format followed, prescribe fee paid, proper name address of stakeholder mentioned, declaration of proprietorship, power of authority (if applicable). However, in case of substantive examination of designs, it is done to determine the fundamental issues like whether a design under consideration is (a) capable of fulfilling the criteria of design under the Designs Act 2000, (b) New or original, (c) Prejudicial to public order or morality, (d) Prejudicial to the security of India.
Topics: Designs Act, 2000
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