Which of the following is true in respect of registration of design of particular article under the…
Section 6(1) of the Designs Act, 2000 allows a design to be registered "in respect of any or all of the articles comprised in a prescribed class of articles", and under…
Choose your answer
Which of the following is true in respect of registration of design of particular article under the Designs Act:
1. A design may be registered in respect of any or all of the articles comprised in a particular class
2. Controller is the appropriate authority to decide the class of any article
3. A design application shall be invalidated on the ground of the design not being new, as the same design was previously registered in respect of another article belonging to a different class of articles.
4. Articles are classified for design registration according to the current edition of the Locarno Classification.
Answer and explanation
Correct answer D
Section 6(1) of the Designs Act, 2000 allows a design to be registered "in respect of any or all of the articles comprised in a prescribed class of articles", and under section 6(2) the Controller determines the class of any article, and his decision "shall be final". Since the Designs (Amendment) Rules, 2021, rule 10 of the Designs Rules, 2001 classifies articles according to the current edition of the Locarno Classification.
Statement 3 is false: registration is tied to particular articles, and the earlier registration of the same design for an article of a different class does not by itself make a later application fail for want of novelty.
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