Section 145: Agents

Question: What is laid down in clause (c) of Section 145?

Answer: a person in the sole and regular employment of the principal.


Section 145: Agents

Context:
Where, by or under this Act, any act, other than the making of an affidavit, is required to be done before the Registrar by any person, the act may, subject to the rules made in this behalf, be done instead of by that person himself, by a person duly authorised in the prescribed manner, who is—
(a) a legal practitioner, or
(b) a person registered in the prescribed manner as a trade marks agent, or
(c) a person in the sole and regular employment of the principal.

Question: In Section 145, what does clause (c) say?

Answer: a person in the sole and regular employment of the principal.


Section 146: Marks registered by an agent or representative without authority

Context: If an agent or a representative of the proprietor of a registered trade mark, without authority uses or attempts to register or registers the mark in his own name, the proprietor shall be entitled to oppose the registration applied for or secure its cancellation or rectification of the register so as to bring him as the registered proprietor of the said mark by assignment in his favour: Provided that such action shall be taken within three years of the registered proprietor of the trade mark becoming aware of the conduct of the agent or representative.

Question: What does Section 146 state about marks registered by an agent or representative without authority?

Answer: If an agent or a representative of the proprietor of a registered trade mark, without authority uses or attempts to register or registers the mark in his own name, the proprietor shall be entitled to oppose the registration applied for or secure its cancellation or rectification of the register so as to bring him as


Question: Under Section 146, what is provided regarding marks registered by an agent or representative without authority?

Answer: If an agent or a representative of the proprietor of a registered trade mark, without authority uses or attempts to register or registers the mark in his own name, the proprietor shall be entitled to oppose the registration applied for or secure its cancellation or rectification of the register so as to bring him as


Section 147: Indexes

Context:
There shall be kept under the direction and supervision of the Registrar—
(a) an index of registered trade marks;
(b) an index of trade marks in respect of which applications for registration are pending;
(c) an index of the names of the proprietors of registered trade marks; and
(d) an index of the names of registered users.

Question: What does clause (a) of Section 147 state?

Answer: an index of registered trade marks;


Section 147: Indexes

Question: Under Section 147 (Indexes), what is provided in clause (a)?

Answer: an index of registered trade marks;


Section 147: Indexes

Question: Under Section 147 (Indexes), what is provided in clause (b)?

Answer: an index of trade marks in respect of which applications for registration are pending;


Section 147: Indexes

Question: What is laid down in clause (b) of Section 147?

Answer: an index of trade marks in respect of which applications for registration are pending;


Section 147: Indexes

Question: What is laid down in clause (c) of Section 147?

Answer: an index of the names of the proprietors of registered trade marks


Section 147: Indexes

Question: In Section 147, what does clause (c) say?

Answer: an index of the names of the proprietors of registered trade marks


Section 147: Indexes

Question: In Section 147, what does clause (d) say?

Answer: an index of the names of registered users.


Section 147: Indexes

Question: What does clause (d) of Section 147 state?

Answer: an index of the names of registered users.


Section 148: Documents open to public inspection

Context:
(1) Save as otherwise provided in sub -section (4) of section 49,—
(a) the register and any document upon which any entry in the register is based;
(b) every notice of opposition to t he registration of a trade mark application for rectification before the Registrar, counter -statement thereto, and any affidavit or document fi led by the parties in any proceedings before the Registrar;
(c) all regulations deposited under section 63 or section 74, and all applications under section 66 or section 77 for varying such regulations;
(d) the indexes mentioned in section 147; and
(e) such other documents as the Central Government may, by notification in the Official Gazette, specify, shall, subject to such conditions as may be prescribed, be open to public inspecti on at the Trade Marks Registry: Provided that when such register is mainta ined wholly or partly on computer, the inspection of such register under this section shall be made b y inspecting the computer print out of the relevant entry in the register so maintained on computer. (2) Any person may, on an application to the Registrar and on payment of such fees as may be prescribed, obtain a certified copy of any entry in the register or any document referred to in sub-section (1).

Question: What does clause (a) of Section 148 state?

Answer: the register and any document upon which any entry in the register is based;


Question: Under Section 148 (Documents open to public inspection), what is provided in clause (a)?

Answer: the register and any document upon which any entry in the register is based;


Question: Under Section 148 (Documents open to public inspection), what is provided in clause (b)?

Answer: every notice of opposition to t he registration of a trade mark application for rectification before the Registrar, counter -statement thereto, and any affidavit or document fi led by the parties in any proceedings before the Registrar;


Question: What is laid down in clause (b) of Section 148?

Answer: every notice of opposition to t he registration of a trade mark application for rectification before the Registrar, counter -statement thereto, and any affidavit or document fi led by the parties in any proceedings before the Registrar;


Question: What is laid down in clause (c) of Section 148?

Answer: all regulations deposited under section 63 or section 74, and all applications under section 66 or section 77 for varying such regulations;


Question: In Section 148, what does clause (c) say?

Answer: all regulations deposited under section 63 or section 74, and all applications under section 66 or section 77 for varying such regulations;


Question: In Section 148, what does clause (d) say?

Answer: the indexes mentioned in section 147


Question: What does clause (d) of Section 148 state?

Answer: the indexes mentioned in section 147


Question: What does clause (e) of Section 148 state?

Answer: such other documents as the Central Government may, by notification in the Official Gazette, specify, shall, subject to such conditions as may be prescribed, be open to public inspecti on at the Trade Marks Registry


Question: Under Section 148 (Documents open to public inspection), what is provided in clause (e)?

Answer: such other documents as the Central Government may, by notification in the Official Gazette, specify, shall, subject to such conditions as may be prescribed, be open to public inspecti on at the Trade Marks Registry


Section 150: Fees and surcharge

Context:
(1) There shall be paid in respect of applications, international applications and registratio n and other matters under this Act such fees and surcharge as may be prescribed by the Central Government.
(2) Where a fee is payable in respect of the doing of an act by the Registrar, the Registrar shall not do that act until the fee has been paid.
(3) Where a fee is payable in respect of the filing of a document at the Trade Marks Registry, the document shall be deemed not to have been filed at the Registry until the fee has been paid.

Question: What does sub-section (1) of Section 150 state?

Answer: There shall be paid in respect of applications, international applications and registratio n and other matters under this Act such fees and surcharge as may be prescribed by the Central Government.


Section 150: Fees and surcharge

Question: Under Section 150 (Fees and surcharge), what is provided in sub-section (1)?

Answer: There shall be paid in respect of applications, international applications and registratio n and other matters under this Act such fees and surcharge as may be prescribed by the Central Government.


Section 150: Fees and surcharge

Question: Under Section 150 (Fees and surcharge), what is provided in sub-section (2)?

Answer: Where a fee is payable in respect of the doing of an act by the Registrar, the Registrar shall not do that act until the fee has been paid.


Section 150: Fees and surcharge

Question: What is laid down in sub-section (2) of Section 150?

Answer: Where a fee is payable in respect of the doing of an act by the Registrar, the Registrar shall not do that act until the fee has been paid.


Section 150: Fees and surcharge

Question: What is laid down in sub-section (3) of Section 150?

Answer: Where a fee is payable in respect of the filing of a document at the Trade Marks Registry, the document shall be deemed not to have been filed at the Registry until the fee has been paid.


Section 150: Fees and surcharge

Question: In Section 150, what does sub-section (3) say?

Answer: Where a fee is payable in respect of the filing of a document at the Trade Marks Registry, the document shall be deemed not to have been filed at the Registry until the fee has been paid.


Section 151: Savings in respect of certain matters in Chapter XII

Context:
Nothing in Chapter XII shall—
(a) exempt any person from any suit or other proceeding which might, but for anything in that Chapter, be brought against him; or
(b) entitle any person to refuse to make a complete discovery, or to answer any question or interrogatory in any suit or other proceeding, but such discovery or answer shall not be admissible in evidence against such person in any such prosecution for an offence under that Chapter or against clause
(h) of section 112 of the Customs Act, 1962 (52 of 1962) relating to confiscation of goods under clause
(d) of section 111 of that Act and notified by the Central Government under clause
(n) of sub-section (2) of section 11 thereof for the protection of trade marks relating to import of goods; or

Question: What does clause (a) of Section 151 state?

Answer: exempt any person from any suit or other proceeding which might, but for anything in that Chapter, be brought against him


Question: Under Section 151 (Savings in respect of certain matters in Chapter XII), what is provided in clause (a)?

Answer: exempt any person from any suit or other proceeding which might, but for anything in that Chapter, be brought against him


Question: Under Section 151 (Savings in respect of certain matters in Chapter XII), what is provided in clause (b)?

Answer: entitle any person to refuse to make a complete discovery, or to answer any question or interrogatory in any suit or other proceeding, but such discovery or answer shall not be admissible in evidence against such person in any such prosecution for an offence under that Chapter or against clause


Question: What is laid down in clause (b) of Section 151?

Answer: entitle any person to refuse to make a complete discovery, or to answer any question or interrogatory in any suit or other proceeding, but such discovery or answer shall not be admissible in evidence against such person in any such prosecution for an offence under that Chapter or against clause


Question: What is laid down in clause (h) of Section 151?

Answer: of section 112 of the Customs Act, 1962 (52 of 1962) relating to confiscation of goods under clause


Question: In Section 151, what does clause (h) say?

Answer: of section 112 of the Customs Act, 1962 (52 of 1962) relating to confiscation of goods under clause


Question: In Section 151, what does clause (d) say?

Answer: of section 111 of that Act and notified by the Central Government under clause


Question: What does clause (d) of Section 151 state?

Answer: of section 111 of that Act and notified by the Central Government under clause


Question: What does clause (n) of Section 151 state?

Answer: of sub-section (2) of section 11 thereof for the protection of trade marks relating to import of goods


Question: Under Section 151 (Savings in respect of certain matters in Chapter XII), what is provided in clause (n)?

Answer: of sub-section (2) of section 11 thereof for the protection of trade marks relating to import of goods


Context:
Nothing in Chapter XII shall—
(c) be construed so as to render liable to any prosecution or punishment any servant of a master resident in India who in good faith acts in obedience to the instructions of such master, and, on demand made by or on behalf of the prosecutor, has given full information as to h is master and as to the instructions which he has received from his master. 152. Declaration as to ownership of trade mark not registrable under the Registration Act, 1908 .—Notwithstanding anything contain ed in the Registration Act, 1908 (16 of 1 908), no document declaring or purporting to declare the ownership or title of a person to a trade mark other than a registered trade mark shall be registered under that Act.

Question: Under Section 151 (Savings in respect of certain matters in Chapter XII), what is provided in clause (c)?

Answer: be construed so as to render liable to any prosecution or punishment any servant of a master resident in India who in good faith acts in obedience to the instructions of such master, and, on demand made by or on behalf of the prosecutor, has given full information as to h is master and as to the instructions which he


Question: What is laid down in clause (c) of Section 151?

Answer: be construed so as to render liable to any prosecution or punishment any servant of a master resident in India who in good faith acts in obedience to the instructions of such master, and, on demand made by or on behalf of the prosecutor, has given full information as to h is master and as to the instructions which he


Section 155: Provision as to reciprocity

Context:
Where any country or country whic h is a member of a group of countries or union of countries or Inter -Governmental Organisation specified by the Central Government in this behalf by notification in the Official Gazette does not accord to citizens of India the same rights in respect of the registration and protection of trade marks as it accords to its own nationals, no national of such country or country which is a member of a group of countries or union of countries or Inter - Governmental Organisation, as the case may be, shall be entitled , either solely or jointly with any other person,—
(a) to apply for the registration of, or be registered as the proprietor of, a trade mark;
(b) to be registered as the assignee of the proprietor of a registered trade mark; or
(c) to apply for registration or be registered as a registered user of a trade mark under section 49.

Question: What does clause (a) of Section 155 state?

Answer: to apply for the registration of, or be registered as the proprietor of, a trade mark;


Question: Under Section 155 (Provision as to reciprocity), what is provided in clause (a)?

Answer: to apply for the registration of, or be registered as the proprietor of, a trade mark;


Question: Under Section 155 (Provision as to reciprocity), what is provided in clause (b)?

Answer: to be registered as the assignee of the proprietor of a registered trade mark


Question: What is laid down in clause (b) of Section 155?

Answer: to be registered as the assignee of the proprietor of a registered trade mark


Question: What is laid down in clause (c) of Section 155?

Answer: to apply for registration or be registered as a registered user of a trade mark under section 49.


Question: In Section 155, what does clause (c) say?

Answer: to apply for registration or be registered as a registered user of a trade mark under section 49.


Section 156: Power of Central Government to remove difficulties

Context:
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published i n the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after the expiry of five years fro m the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid b efore each House of Parliament.

Question: What does sub-section (1) of Section 156 state?

Answer: If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published i n the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty


Question: Under Section 156 (Power of Central Government to remove difficulties), what is provided in sub-section (1)?

Answer: If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published i n the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty


Question: Under Section 156 (Power of Central Government to remove difficulties), what is provided in sub-section (2)?

Answer: Every order made under this section shall, as soon as may be after it is made, be laid b efore each House of Parliament.


Question: What is laid down in sub-section (2) of Section 156?

Answer: Every order made under this section shall, as soon as may be after it is made, be laid b efore each House of Parliament.


Section 157: Power to make rules

Context:
(1) The Central Government may, by notification in the Official Gazette and subject to the conditions of previous publication, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(i) the matters to be included in the Register of Trade Marks under sub -section (1) of section 6, and the safeguards to be observed in the maintenance of records on computer floppies or diskettes or in any other electronic form under sub-section (2) of that section;
(ii) the manner of publication of alphabetical index of classification of goods and services under sub-section (1) of section 8;
(iii) the manner in which the Registrar may not ify a word as an international non-proprietary name under section 13;
(iv) the manner of making an application for dissolution of an association under sub-section (5) of section 16;
(v) the manner of making an application for registration of a trade mark under sub -section (1) of section 18;
(vi) the manner of advertising of an appl ication for registration under sub -section ( 1), and the manner of notifying corrections or amendments under sub-section (2), of section 20;

Question: What does clause (i) of Section 157 state?

Answer: the matters to be included in the Register of Trade Marks under sub -section (1) of section 6, and the safeguards to be observed in the maintenance of records on computer floppies or diskettes or in any other electronic form under sub-section (2) of that section;


Section 157: Power to make rules

Question: Under Section 157 (Power to make rules), what is provided in clause (i)?

Answer: the matters to be included in the Register of Trade Marks under sub -section (1) of section 6, and the safeguards to be observed in the maintenance of records on computer floppies or diskettes or in any other electronic form under sub-section (2) of that section;


Section 157: Power to make rules

Question: Under Section 157 (Power to make rules), what is provided in clause (ii)?

Answer: the manner of publication of alphabetical index of classification of goods and services under sub-section (1) of section 8;


Section 157: Power to make rules

Question: What is laid down in clause (ii) of Section 157?

Answer: the manner of publication of alphabetical index of classification of goods and services under sub-section (1) of section 8;


Section 157: Power to make rules

Question: What is laid down in clause (iii) of Section 157?

Answer: the manner in which the Registrar may not ify a word as an international non-proprietary name under section 13;


Section 157: Power to make rules

Question: In Section 157, what does clause (iii) say?

Answer: the manner in which the Registrar may not ify a word as an international non-proprietary name under section 13;


Section 157: Power to make rules

Question: In Section 157, what does clause (iv) say?

Answer: the manner of making an application for dissolution of an association under sub-section (5) of section 16;


Section 157: Power to make rules

Question: What does clause (iv) of Section 157 state?

Answer: the manner of making an application for dissolution of an association under sub-section (5) of section 16;


Section 157: Power to make rules

Question: What does clause (v) of Section 157 state?

Answer: the manner of making an application for registration of a trade mark under sub -section (1) of section 18;


Section 157: Power to make rules

Question: Under Section 157 (Power to make rules), what is provided in clause (v)?

Answer: the manner of making an application for registration of a trade mark under sub -section (1) of section 18;


Section 157: Power to make rules

Question: Under Section 157 (Power to make rules), what is provided in clause (vi)?

Answer: the manner of advertising of an appl ication for registration under sub -section ( 1), and the manner of notifying corrections or amendments under sub-section (2), of section 20;


Section 157: Power to make rules

Question: What is laid down in clause (vi) of Section 157?

Answer: the manner of advertising of an appl ication for registration under sub -section ( 1), and the manner of notifying corrections or amendments under sub-section (2), of section 20;


Section 157: Power to make rules

Context:
(1) The Central Government may, by notification in the Official Gazette and subject to the conditions of previous publication, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(vii) the manner of giving a notice of opposition and the fee payable for such notice under sub-section (1) and sending counter-statement under sub-section (2) and submission of evidence and the time therefor under sub-section (4) of section 21; (viii) the form of certificate of registration under sub -section (2), and the manner of giving notice to the applicant under sub-section (3) of section 23;
(ix) the forms of application for renewal and restoration the time within which such application is to be made and fee and surcharge if any payable with each application, under section 25 and the time within which the Registrar shall send a notice and the manner of such notice under sub-section (3) of that section;
(ixa) the time within which the international application is to be forwarded to the International Bureau and the manner of certifying the particulars by the Registrar under sub -section (4) of section 36D;
(ixb) the manner of keeping a record of particulars of an international registration under sub-section (1) of section 36E;

Question: What is laid down in clause (vii) of Section 157?

Answer: the manner of giving a notice of opposition and the fee payable for such notice under sub-section (1) and sending counter-statement under sub-section (2) and submission of evidence and the time therefor under sub-section (4) of section 21


Section 157: Power to make rules

Question: In Section 157, what does clause (vii) say?

Answer: the manner of giving a notice of opposition and the fee payable for such notice under sub-section (1) and sending counter-statement under sub-section (2) and submission of evidence and the time therefor under sub-section (4) of section 21


Section 157: Power to make rules

Question: In Section 157, what does clause (ix) say?

Answer: the forms of application for renewal and restoration the time within which such application is to be made and fee and surcharge if any payable with each application, under section 25 and the time within which the Registrar shall send a notice and the manner of such notice under sub-section (3) of that section;


Section 157: Power to make rules

Question: What does clause (ix) of Section 157 state?

Answer: the forms of application for renewal and restoration the time within which such application is to be made and fee and surcharge if any payable with each application, under section 25 and the time within which the Registrar shall send a notice and the manner of such notice under sub-section (3) of that section;


Section 157: Power to make rules

Question: What does clause (ixa) of Section 157 state?

Answer: the time within which the international application is to be forwarded to the International Bureau and the manner of certifying the particulars by the Registrar under sub -section (4) of section 36D;


Section 157: Power to make rules

Question: Under Section 157 (Power to make rules), what is provided in clause (ixa)?

Answer: the time within which the international application is to be forwarded to the International Bureau and the manner of certifying the particulars by the Registrar under sub -section (4) of section 36D;


Section 157: Power to make rules

Question: Under Section 157 (Power to make rules), what is provided in clause (ixb)?

Answer: the manner of keeping a record of particulars of an international registration under sub-section (1) of section 36E;


Section 157: Power to make rules

Question: What is laid down in clause (ixb) of Section 157?

Answer: the manner of keeping a record of particulars of an international registration under sub-section (1) of section 36E;


Section 157: Power to make rules

Context:
(1) The Central Government may, by notification in the Official Gazette and subject to the conditions of previous publication, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(ixc) the manner of informing the International Bureau under sub-section (2) of section 36E;
(ixd) the manner of advertising the international registration and the time within which the international registration shall be advertised under sub-section (3) of section 36E;
(x) the manner of submitting statement of cases under sub-section (2) of section 40;
(xi) the manner of making an application by the proprietor of a trade mark under section 41;
(xii) the manner of making an application for assignment or transmission of a certificati on trade mark under section 43; (xiii) the manner of making an application to the Registrar to register title under sub-section (1) of section 45; (xiiia) the period within which the Registrar shall dispose of an application under sub-section (3) of section 45;
(xiv) the manner in which and the period within which an application is to be made under sub-section (4) of section 46;
(xv) the manner of making an application under sub-section (2) of section 47;

Question: What is laid down in clause (ixc) of Section 157?

Answer: the manner of informing the International Bureau under sub-section (2) of section 36E;


Section 157: Power to make rules

Question: In Section 157, what does clause (ixc) say?

Answer: the manner of informing the International Bureau under sub-section (2) of section 36E;


Section 157: Power to make rules

Question: In Section 157, what does clause (ixd) say?

Answer: the manner of advertising the international registration and the time within which the international registration shall be advertised under sub-section (3) of section 36E;


Section 157: Power to make rules

Question: What does clause (ixd) of Section 157 state?

Answer: the manner of advertising the international registration and the time within which the international registration shall be advertised under sub-section (3) of section 36E;


Section 157: Power to make rules

Question: What does clause (x) of Section 157 state?

Answer: the manner of submitting statement of cases under sub-section (2) of section 40;


Section 157: Power to make rules

Question: Under Section 157 (Power to make rules), what is provided in clause (x)?

Answer: the manner of submitting statement of cases under sub-section (2) of section 40;


Section 157: Power to make rules

Question: Under Section 157 (Power to make rules), what is provided in clause (xi)?

Answer: the manner of making an application by the proprietor of a trade mark under section 41;


Section 157: Power to make rules

Question: What is laid down in clause (xi) of Section 157?

Answer: the manner of making an application by the proprietor of a trade mark under section 41;


Section 157: Power to make rules

Question: What is laid down in clause (xii) of Section 157?

Answer: the manner of making an application for assignment or transmission of a certificati on trade mark under section 43


Section 157: Power to make rules

Question: In Section 157, what does clause (xii) say?

Answer: the manner of making an application for assignment or transmission of a certificati on trade mark under section 43


Section 157: Power to make rules

Question: In Section 157, what does clause (xiv) say?

Answer: the manner in which and the period within which an application is to be made under sub-section (4) of section 46;


Section 157: Power to make rules

Question: What does clause (xiv) of Section 157 state?

Answer: the manner in which and the period within which an application is to be made under sub-section (4) of section 46;


Section 157: Power to make rules

Question: What does clause (xv) of Section 157 state?

Answer: the manner of making an application under sub-section (2) of section 47;


Section 157: Power to make rules

Question: Under Section 157 (Power to make rules), what is provided in clause (xv)?

Answer: the manner of making an application under sub-section (2) of section 47;


Section 157: Power to make rules

Context:
(1) The Central Government may, by notification in the Official Gazette and subject to the conditions of previous publication, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(xvi) the manner of making an a pplication, documents and other evidence to accompany such application under sub-section (1) and the manner in which notice is to be issued under sub-section (3) of section 49; (xvii) the manner of making an application under sub -section (1), the manner of issuing a notice under sub -section ( 2) and the procedure for cancel ling a registration under sub -section ( 3) of section 50; (xviii) the manner of making applications under sub -sections (1) and ( 2), the manner of giving notice under sub-section (4) and the manner of service of notice of rectification under sub -section (5) of section 57;
(xix) the manner of making an application under section 58;
(xx) the manner of making an application under sub -section ( 1), the manner of advertising an application, time and manner of notice by which application may be opposed under sub -sections (2) and (3) of section 59;

Question: Under Section 157 (Power to make rules), what is provided in clause (xvi)?

Answer: the manner of making an a pplication, documents and other evidence to accompany such application under sub-section (1) and the manner in which notice is to be issued under sub-section (3) of section 49


Section 157: Power to make rules

Question: What is laid down in clause (xvi) of Section 157?

Answer: the manner of making an a pplication, documents and other evidence to accompany such application under sub-section (1) and the manner in which notice is to be issued under sub-section (3) of section 49


Section 157: Power to make rules

Question: What is laid down in clause (xix) of Section 157?

Answer: the manner of making an application under section 58;


Section 157: Power to make rules

Question: In Section 157, what does clause (xix) say?

Answer: the manner of making an application under section 58;


Section 157: Power to make rules

Question: In Section 157, what does clause (xx) say?

Answer: the manner of making an application under sub -section ( 1), the manner of advertising an application, time and manner of notice by which application may be opposed under sub -sections (2) and (3) of section 59;


Section 157: Power to make rules

Question: What does clause (xx) of Section 157 state?

Answer: the manner of making an application under sub -section ( 1), the manner of advertising an application, time and manner of notice by which application may be opposed under sub -sections (2) and (3) of section 59;


Section 157: Power to make rules

Context:
(1) The Central Government may, by notification in the Official Gazette and subject to the conditions of previous publication, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(xxi) the manner of advertisement under sub-section (2) of section 60; (xxii) the other matters to be specified in the regulations under sub-section (2) of section 63; (xxiii) the manner of making an application under sub-section (1) of section 71; (xxiv) the manner of advertising an application under section 73;
(xxv) the manner of making an application under section 77; (xxix) the salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson, Vice-Chairperson and other Members under sub-section (1) of section 88;

Question: What does clause (xxi) of Section 157 state?

Answer: the manner of advertisement under sub-section (2) of section 60


Section 157: Power to make rules

Question: Under Section 157 (Power to make rules), what is provided in clause (xxi)?

Answer: the manner of advertisement under sub-section (2) of section 60


Section 157: Power to make rules

Question: Under Section 157 (Power to make rules), what is provided in clause (xxv)?

Answer: the manner of making an application under section 77


Section 157: Power to make rules

Question: What is laid down in clause (xxv) of Section 157?

Answer: the manner of making an application under section 77


Section 157: Power to make rules

Context:
(1) The Central Government may, by notification in the Official Gazette and subject to the conditions of previous publication, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(xxx) the procedure for investigation of misbehavior or incapacity of the Chairperson, Vice-Chairperson and other Members under sub-section (3) of section 89; (xxxiii) the form in which and the particulars to be included in the application to the High Court under sub-section (1) of section 97; (xxxiiia) the manner of holding inquiry and imposing penalty under Section 112A; (xxxiiib) the form and manner of preferring appeal under sub-section (2) of Section 112B; (xxxiv) the manner of making an application for review under clause

Question: What is laid down in clause (xxx) of Section 157?

Answer: the procedure for investigation of misbehavior or incapacity of the Chairperson, Vice-Chairperson and other Members under sub-section (3) of section 89


Section 157: Power to make rules

Question: In Section 157, what does clause (xxx) say?

Answer: the procedure for investigation of misbehavior or incapacity of the Chairperson, Vice-Chairperson and other Members under sub-section (3) of section 89


Section 157: Power to make rules

Context:
(1) The Central Government may, by notification in the Official Gazette and subject to the conditions of previous publication, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(c) of section 127; (xxxv) the time within which an application is to be made to the Registrar for exercising his discretionary power under section 128; (xxxvi) the manner of making an application and the fee payable therefor under sub -section (1) of section 131; (xxxvii) the manner of making an application under sub -section (1) and the period for withdrawal of such application under sub-section (2) of section 133; (xxxviii) the manner of authoris ing any p erson to act and the manner of registration as a trad e mark agent under section 145; (xxxix) the conditions for inspection of documents under sub -section (1) and the fee payable for obtaining a certified copy of any entry in the register under sub-section (2) of section 148;
(xl) the fees and surcharge payable for maki ng applications and registration and o ther matters under section 150;

Question: In Section 157, what does clause (c) say?

Answer: of section 127


Section 157: Power to make rules

Question: What does clause (c) of Section 157 state?

Answer: of section 127


Section 157: Power to make rules

Question: What does clause (xl) of Section 157 state?

Answer: the fees and surcharge payable for maki ng applications and registration and o ther matters under section 150;


Section 157: Power to make rules

Question: Under Section 157 (Power to make rules), what is provided in clause (xl)?

Answer: the fees and surcharge payable for maki ng applications and registration and o ther matters under section 150;


Section 157: Power to make rules

Context:
(1) The Central Government may, by notification in the Official Gazette and subject to the conditions of previous publication, make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(xli) any other matter which is required to be or may be prescribed. (3) The power to make rules conferred by this section shall include the power to give retrospective effect in respect of the matters referred to in clauses ( xxix) and ( xxxi) of sub -section (2) from a date not earlier than the date of commencement of this Act, but no retrospective effect shall be given to any such rule so as to prejudicially affect the interests of any person to whom sub-rule may be applicable. (4) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree t hat the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything p reviously done under that rule.

Question: Under Section 157 (Power to make rules), what is provided in clause (xli)?

Answer: any other matter which is required to be or may be prescribed.


Section 157: Power to make rules

Question: What is laid down in clause (xli) of Section 157?

Answer: any other matter which is required to be or may be prescribed.


Section 158: Amendments

Context: The enactment specified in the Schedule shall be amended i n the manner specified therein.

Question: What does Section 158 state about amendments?

Answer: The enactment specified in the Schedule shall be amended i n the manner specified therein.


Section 158: Amendments

Question: Under Section 158, what is provided regarding amendments?

Answer: The enactment specified in the Schedule shall be amended i n the manner specified therein.


Section 1: Short title, extent and commencement

Context: (1) This Act may be called the Designs Act, 2000.

Question: What may this Act be called?

Answer: the Designs Act, 2000


Context: (2) It extends to the whole of India.

Question: To what does this Act extend?

Answer: the whole of India


Context: (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.

Question: How is the commencement of this Act to be appointed?

Answer: on such date as the Central Government may, by notification in the Official Gazette, appoint


Section 2: Definitions

Context: (a) “article” means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately;

Question: What does “article” mean under the Designs Act?

Answer: any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately;


Section 2: Definitions

Context: (b) “Controller” means the Controller-General of Patents, Designs and Trade Marks referred to in section 3;

Question: How is “Controller” defined in Section 2?

Answer: the Controller-General of Patents, Designs and Trade Marks referred to in section 3;


Section 2: Definitions

Context: (c) “copyright” means the exclusive right to apply a design to any article in any class in which the design is registered;

Question: In Section 2, what is meant by “copyright”?

Answer: the exclusive right to apply a design to any article in any class in which the design is registered;


Section 2: Definitions

Context: (d) “design” means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark as defined in clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) or property mark as defined in section 479 of the Indian Penal Code (45 of 1860) or any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957 (14 of 1957).

Question: What does the Act mean by “design”?

Answer: only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark as defined in clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) or property mark as defined in section 479 of the Indian Penal Code (45 of 1860) or any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957 (14 of 1957).


Section 2: Definitions

Context: (e) “High Court” shall have the same meaning as assigned to it in clause (i) of section 2 of the Patents Act, 1970 (39 of 1970);

Question: What does “High Court” mean under the Designs Act?

Answer: shall have the same meaning as assigned to it in clause (i) of section 2 of the Patents Act, 1970 (39 of 1970);


Section 2: Definitions

Context: (f) “legal representative” means a person who in law represents the estate of a deceased person;

Question: How is “legal representative” defined in Section 2?

Answer: a person who in law represents the estate of a deceased person;


Section 2: Definitions

Context: (g) “original”, in relation to a design, means originating from the author of such design and includes the cases which though old in themselves yet are new in their application;

Question: According to Section 2, what is stated in clause (g)?

Answer: “original”, in relation to a design, means originating from the author of such design and includes the cases which though old in themselves yet are new in their application;


Section 2: Definitions

Context: (h) “Patent Office” means the patent office referred to in section 74 of the Patents Act, 1970 (39 of 1970);

Question: What does the Act mean by “Patent Office”?

Answer: the patent office referred to in section 74 of the Patents Act, 1970 (39 of 1970);


Section 2: Definitions

Context: (i) “prescribed” means prescribed by rules made under this Act;

Question: What does “prescribed” mean under the Designs Act?

Answer: prescribed by rules made under this Act;


Section 2: Definitions

Context: (i) 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;

Question: In Section 2, what does clause (i) specify?

Answer: 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;


Section 2: Definitions

Context:
(ii) 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
(iii) 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.

Question: What does clause (ii) of Section 2 provide?

Answer:
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
(iii) 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.


Section 3: Controller and other officers

Context: (1) The Controller-General of Patents, Designs and Trade Marks appointed under sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall be the Controller of Designs for the purposes of this Act.

Question: According to Section 3, what is stated in sub-section (1)?

Answer: The Controller-General of Patents, Designs and Trade Marks appointed under sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall be the Controller of Designs for the purposes of this Act.


Context: (2) For the purposes of this Act, the Central Government may appoint as many examiners and other officers with such designations as it thinks fit.

Question: Under Section 3, what does sub-section (2) say?

Answer: For the purposes of this Act, the Central Government may appoint as many examiners and other officers with such designations as it thinks fit.


Context: (3) Subject to the provisions of this Act, the officers appointed under sub-section (2) shall discharge under the superintendence and directions of the Controller such functions of the Controller under this Act as he may, from time to time, by general or special order in writing, authorise them to discharge.

Question: What is set out in sub-section (3) of Section 3?

Answer: Subject to the provisions of this Act, the officers appointed under sub-section (2) shall discharge under the superintendence and directions of the Controller such functions of the Controller under this Act as he may, from time to time, by general or special order in writing, authorise them to discharge.


Context: (4) Without prejudice to the generality of the provisions of sub-section (3), the Controller may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under sub-section (2) and deal with such matter himself either de novo or from the stage it was so withdrawn or transfer the same to another officer appointed under sub-section (2) who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred.

Question: In Section 3, what is provided in sub-section (4)?

Answer: Without prejudice to the generality of the provisions of sub-section (3), the Controller may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under sub-section (2) and deal with such matter himself either de novo or from the stage it was so withdrawn or transfer the same to another officer appointed under sub-section (2) who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred.


Section 4: Prohibition of registration of certain designs

Context:
(a) is not new or original; or
(b) 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
(c) is not significantly distinguishable from known designs or combination of known designs; or
(d) comprises or contains scandalous or obscene matter, shall not be registered.

Question: What does clause (a) of Section 4 provide?

Answer: is not new or original; or


Question: According to Section 4, what is stated in clause (b)?

Answer: 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


Question: Under Section 4, what does clause (c) say?

Answer: is not significantly distinguishable from known designs or combination of known designs; or


Question: What is set out in clause (d) of Section 4?

Answer: comprises or contains scandalous or obscene matter, shall not be registered.


Section 5: Application for registration of designs

Context:
(1) The Controller may, on the application of any person claiming to be the proprietor of any new or original design not previously published in any country and which is not contrary to public order or morality, register the design under this Act:
Provided that the Controller shall before such registration refer the application for examination, by an examiner appointed under sub-section (2) of section 3, as to whether such design is capable of being registered under this Act and the rules made thereunder and consid er the report of the examiner on such reference.

Question: In Section 5, what is provided in sub-section (1)?

Answer:
The Controller may, on the application of any person claiming to be the proprietor of any new or original design not previously published in any country and which is not contrary to public order or morality, register the design under this Act:
Provided that the Controller shall before such registration refer the application for examination, by an examiner appointed under sub-section (2) of section 3, as to whether such design is capable of being registered under this Act and the rules made thereunder and consid er the report of the examiner on such reference.


Context: (2) Every application under sub-section (1) shall be in the prescribed form and shall be filed in the patent office in the prescribed manner and shall be accompanied by the prescribed fee.

Question: What does sub-section (2) of Section 5 provide?

Answer: Every application under sub-section (1) shall be in the prescribed form and shall be filed in the patent office in the prescribed manner and shall be accompanied by the prescribed fee.


Context: (3) A design may b e registered in not more than one class, and, in case of doubt as to the class in which a design ought to be registered, the Controller may decide the question.

Question: According to Section 5, what is stated in sub-section (3)?

Answer: A design may b e registered in not more than one class, and, in case of doubt as to the class in which a design ought to be registered, the Controller may decide the question.


Context: (4) The Controller may, if he thinks fit, refuse to register any design presented to him for registration; but any person aggrieved by any such refusal may appeal to the High Court.

Question: Under Section 5, what does sub-section (4) say?

Answer: The Controller may, if he thinks fit, refuse to register any design presented to him for registration; but any person aggrieved by any such refusal may appeal to the High Court.


Context: (5) An application which, owing to any default or neglect on the part of the applicant, has not been completed so as to enable registration to be effected within the prescribed time shall be deemed to be abandoned.

Question: What is set out in sub-section (5) of Section 5?

Answer: An application which, owing to any default or neglect on the part of the applicant, has not been completed so as to enable registration to be effected within the prescribed time shall be deemed to be abandoned.


Context: (6) A design when registered shall be registered as of the date of the application for registration.

Question: In Section 5, what is provided in sub-section (6)?

Answer: A design when registered shall be registered as of the date of the application for registration.


Section 6: Registration to be in respect of particular article

Context: (1) A design may be registered in respect of any or all of the articles comprised in a prescribed class of articles.

Question: What does sub-section (1) of Section 6 provide?

Answer: A design may be registered in respect of any or all of the articles comprised in a prescribed class of articles.


Context: (2) Any question arising as to the class within which any article falls shall be determined by the Controller whose decision in the matter shall be final.

Question: According to Section 6, what is stated in sub-section (2)?

Answer: Any question arising as to the class within which any article falls shall be determined by the Controller whose decision in the matter shall be final.


Context:
(a) on the ground of the design not being a new or original design, by reason only that it was so previously registered; or
(b) on the ground of the design having been previously published in India or in any other country, by reason only that it has been applied to article in respect of which it was previously registered:
Provided that such subsequent registration shall not extend the period of copyright in the design beyond that arising from previous registration.

Question: Under Section 6, what does clause (a) of sub-section (3) say?

Answer: on the ground of the design not being a new or original design, by reason only that it was so previously registered; or


Question: What is set out in clause (b) of sub-section (3) of Section 6?

Answer:
on the ground of the design having been previously published in India or in any other country, by reason only that it has been applied to article in respect of which it was previously registered:
Provided that such subsequent registration shall not extend the period of copyright in the design beyond that arising from previous registration.


Context:
(a) that design has been previously registered by another person in respect of some other article; or
(b) the design to which the application relates consist s of a design previously registered by another person in respect of the same or some other article with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, then, if at any time while the application is pending the applicant becomes the registered proprietor of the design previously registered, the foregoing provisions of this section shall apply as if at the time of making the application, the applicant, had been the registered proprietor of that design.

Question: In Section 6, what does clause (a) of sub-section (4) specify?

Answer: that design has been previously registered by another person in respect of some other article; or


Question: What does clause (b) of sub-section (4) of Section 6 provide?

Answer: the design to which the application relates consist s of a design previously registered by another person in respect of the same or some other article with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, then, if at any time while the application is pending the applicant becomes the registered proprietor of the design previously registered, the foregoing provisions of this section shall apply as if at the time of making the application, the applicant, had been the registered proprietor of that design.


Section 9: Certificate of registration

Context: (1) The Controller shall grant a certificate of registration to the proprietor of the design when registered.

Question: What does sub-section (1) of Section 9 provide?

Answer: The Controller shall grant a certificate of registration to the proprietor of the design when registered.


Section 9: Certificate of registration

Context: (2) The Controller may, in case of loss of the original certificate, or in any other case in which he deems it expedient, furnish one or more copies of the certificate.

Question: According to Section 9, what is stated in sub-section (2)?

Answer: The Controller may, in case of loss of the original certificate, or in any other case in which he deems it expedient, furnish one or more copies of the certificate.


Section 11: Copyright on registration

Context: (1) When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during ten years from the date of registration.

Question: According to Section 11, what is stated in sub-section (1)?

Answer: When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during ten years from the date of registration.


Section 11: Copyright on registration

Context: (2) If, before the expiration of the said ten years, application for the extension of the period of copyright is made to the Controller in the prescribed manner, the Controller shall, on payment of the prescribed fee, extend the period of copy-right for a second period of five years from the expiration of the original period of ten years.

Question: Under Section 11, what does sub-section (2) say?

Answer: If, before the expiration of the said ten years, application for the extension of the period of copyright is made to the Controller in the prescribed manner, the Controller shall, on payment of the prescribed fee, extend the period of copy-right for a second period of five years from the expiration of the original period of ten years.


Section 12: Restoration of lapsed designs

Context: (1) Where a design has ceased to have effect by reason of failure to pay the fee for the extension of copyright under sub-section (2) of section 11, the proprietor of such design or his legal representative and where the design was held by two or more persons jointly, then, with the leave of the Controller one or more of them without joining the others, may, within one year from the date on which the design ceased to have effect, make an application for the restoration of the design in the prescribed manner on payment of such fee as may be prescribed.

Question: What is set out in sub-section (1) of Section 12?

Answer: Where a design has ceased to have effect by reason of failure to pay the fee for the extension of copyright under sub-section (2) of section 11, the proprietor of such design or his legal representative and where the design was held by two or more persons jointly, then, with the leave of the Controller one or more of them without joining the others, may, within one year from the date on which the design ceased to have effect, make an application for the restoration of the design in the prescribed manner on payment of such fee as may be prescribed.


Context: (2) An application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the applicant such further evidence as he may think necessary.

Question: In Section 12, what is provided in sub-section (2)?

Answer: An application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the applicant such further evidence as he may think necessary.


Section 13: Procedure for disposal of applications for restoration of lapsed designs

Context: (1) If, after hearing the applicant in cases where the applicant so desires or the Controller thinks fit, the Controller is satisfied that the failure to pay the fee for extension of the period of cop yright was unintentional and that there has been no undue delay in the making of the application, the Controller shall upon payment of any unpaid fee for extension of the period of copyright together with prescribed additional fee restore the registration of design.

Question: What does sub-section (1) of Section 13 provide?

Answer: If, after hearing the applicant in cases where the applicant so desires or the Controller thinks fit, the Controller is satisfied that the failure to pay the fee for extension of the period of cop yright was unintentional and that there has been no undue delay in the making of the application, the Controller shall upon payment of any unpaid fee for extension of the period of copyright together with prescribed additional fee restore the registration of design.


Context: (2) The Controller may, if he thinks fit as a condition of restoring the design, require that any entry shall be made in the register of any document or matter which under the provision s of this Act, has to be entered in the register but which has not been so entered.

Question: According to Section 13, what is stated in sub-section (2)?

Answer: The Controller may, if he thinks fit as a condition of restoring the design, require that any entry shall be made in the register of any document or matter which under the provision s of this Act, has to be entered in the register but which has not been so entered.


Section 15: Requirements before delivery on sales

Context:
(a) (if exact representations or specimens were not finished on the application for registration) furnish to the Controller the prescribed number of exact representations or specimens of the design; and, if he fails to do so, the Controller may, after giving notice thereof to the proprietor, erase his name from the register and thereupon the copyright in the design shall cease; and
(b) causes each such article to be marked with the prescribed mark, or with the prescribed words or figures denoting that the design is registered; and, if he fails to do so, the proprietor shall not be entitled to recover any penalty or damages in respect of any infringement of his copyright in the design unless he shows that he took all proper steps to ensure the marking of the article, or unless he shows that the infringement took place after the person guilty thereof knew or had received notice of the existence of the copyright in the design.

Question: In Section 15, what does clause (a) of sub-section (1) specify?

Answer: (if exact representations or specimens were not finished on the application for registration) furnish to the Controller the prescribed number of exact representations or specimens of the design; and, if he fails to do so, the Controller may, after giving notice thereof to the proprietor, erase his name from the register and thereupon the copyright in the design shall cease; and


Question: What does clause (b) of sub-section (1) of Section 15 provide?

Answer: causes each such article to be marked with the prescribed mark, or with the prescribed words or figures denoting that the design is registered; and, if he fails to do so, the proprietor shall not be entitled to recover any penalty or damages in respect of any infringement of his copyright in the design unless he shows that he took all proper steps to ensure the marking of the article, or unless he shows that the infringement took place after the person guilty thereof knew or had received notice of the existence of the copyright in the design.


Context: (2) Where a represent ation is made to the Central Government by or on behalf of any trade or industry that in the interest of the trade or industry it is expedient to dispense with or modify as regards any class or description of articles any of the requirements of this sectio n as to marking, the Central Government may, if it thinks fit, by rule under this Act, dispense with or modify such requirements as regards any such class or description of articles to such extent and subject to such conditions as it thinks fit.

Question: According to Section 15, what is stated in sub-section (2)?

Answer: Where a represent ation is made to the Central Government by or on behalf of any trade or industry that in the interest of the trade or industry it is expedient to dispense with or modify as regards any class or description of articles any of the requirements of this sectio n as to marking, the Central Government may, if it thinks fit, by rule under this Act, dispense with or modify such requirements as regards any such class or description of articles to such extent and subject to such conditions as it thinks fit.


Section 16: Effect of disclosure on copyright

Context: The disclosure of a design by the proprietor to any other person, in such circumstances as would make it contrary to good faith for that other person to use or publish the design, and the disclosure of a design in breach of goo d faith by any person, other than the proprietor of the design, and the acceptance of a first and confidential order for articles bearing a new or original textile design intended for registration, shall not be deemed to be a publication of the design sufficient to invalidate the copyright thereof if registration thereof is obtained subsequently to the disclosure or acceptance.

Question: According to Section 16, what is stated?

Answer: The disclosure of a design by the proprietor to any other person, in such circumstances as would make it contrary to good faith for that other person to use or publish the design, and the disclosure of a design in breach of goo d faith by any person, other than the proprietor of the design, and the acceptance of a first and confidential order for articles bearing a new or original textile design intended for registration, shall not be deemed to be a publication of the design sufficient to invalidate the copyright thereof if registration thereof is obtained subsequently to the disclosure or acceptance.


Section 17: Inspection of registered designs

Context: (1) During the existence of copyright in a design, any person on furnishing such information as may enable the Controller to identify the design and on payment of the prescribed fee may inspect the design in the prescribed manner.

Question: What is set out in sub-section (1) of Section 17?

Answer: During the existence of copyright in a design, any person on furnishing such information as may enable the Controller to identify the design and on payment of the prescribed fee may inspect the design in the prescribed manner.


Context: (2) Any person may, on an application to the Controller and on payment of such fee as may be prescribed, obtain a certified copy of any registered design.

Question: In Section 17, what is provided in sub-section (2)?

Answer: Any person may, on an application to the Controller and on payment of such fee as may be prescribed, obtain a certified copy of any registered design.


Section 20: Designs to bind Government

Context: A registered design shall have to all intents the like effect as against the Government as it has against any person and the provisions of Chapter XVII of the Patents Act, 1970 (39 of 1970) shall apply to registered designs as they apply to patents.

Question: Under Section 20, what does the section say?

Answer: A registered design shall have to all intents the like effect as against the Government as it has against any person and the provisions of Chapter XVII of the Patents Act, 1970 (39 of 1970) shall apply to registered designs as they apply to patents.


Section 21: Provisions as to exhibitions

Context:
(a) the exhibitor exhibiting the design or article, or publishing a description of the design, gives to the Controller previous notice in the prescribed form; and
(b) the application for registration is made within six months from the date of first exhibiting the design or article or publishing a description of the design.

Question: What is set out in clause (a) of Section 21?

Answer: the exhibitor exhibiting the design or article, or publishing a description of the design, gives to the Controller previous notice in the prescribed form; and


Question: In Section 21, what does clause (b) specify?

Answer: the application for registration is made within six months from the date of first exhibiting the design or article or publishing a description of the design.


Section 23: Application of certain provisions of the Act as to patents to designs

Context: The provisions of the Patents Act, 1970 (39 of 1970) with regard to certificates of the validity of a patent, and to the remedy in case of groundless threats of legal proceedings by a patentee shall apply in the case of registered designs in like manner as they apply in the case of patents, with the substitution of references to the copyright in a design for reference to a patent, and of references to the proprietor of a design for references to patentee, and of references to the design for references to the invention. Fees

Question: What is set out in Section 23?

Answer: The provisions of the Patents Act, 1970 (39 of 1970) with regard to certificates of the validity of a patent, and to the remedy in case of groundless threats of legal proceedings by a patentee shall apply in the case of registered designs in like manner as they apply in the case of patents, with the substitution of references to the copyright in a design for reference to a patent, and of references to the proprietor of a design for references to patentee, and of references to the design for references to the invention. Fees


Section 24: Fees

Context: (1) There shall be paid in respect of the registration of designs and applications therefor and in respect of other matters relating to designs under this Act such fees as may be prescribed.

Question: In Section 24, what is provided in sub-section (1)?

Answer: There shall be paid in respect of the registration of designs and applications therefor and in respect of other matters relating to designs under this Act such fees as may be prescribed.


Section 24: Fees

Context: (2) A proceeding in respect of which a fee is payable under this Act or the rules made thereunder shall be of no effect unless the fee has been paid. Provisions as to registers and other documents in the patent office

Question: What does sub-section (2) of Section 24 provide?

Answer: A proceeding in respect of which a fee is payable under this Act or the rules made thereunder shall be of no effect unless the fee has been paid. Provisions as to registers and other documents in the patent office


Section 25: Notice of trust not to be entered in registers

Context: There shall not be entered in any register kept under this Act, or be receivable by the Controller, any notice of any trust expressed, implied or constructive.

Question: According to Section 25, what is stated?

Answer: There shall not be entered in any register kept under this Act, or be receivable by the Controller, any notice of any trust expressed, implied or constructive.


Section 26: Inspection of and extracts from registers

Context:
Every register kept under this Act shall at all convenient times be open to the inspection of the public, subject to the provisions of this Act; and certified copies, sealed with the seal of the Patent Office, of any entry in any such register shall be given to any person requiring the same on payment of the prescribed fee:
Provided that where such register is maintained wholly or partly on computer, the inspection of such register under this sect ion shall be made by inspecting the computer print out of the relevant entry in the register so maintained on computer.

Question: What is set out in Section 26?

Answer:
Every register kept under this Act shall at all convenient times be open to the inspection of the public, subject to the provisions of this Act; and certified copies, sealed with the seal of the Patent Office, of any entry in any such register shall be given to any person requiring the same on payment of the prescribed fee:
Provided that where such register is maintained wholly or partly on computer, the inspection of such register under this sect ion shall be made by inspecting the computer print out of the relevant entry in the register so maintained on computer.


Section 27: Privilege of reports of Controller

Context: Reports of or to the Controller made under this Act other than the report referred to in section 45 shall not in any case be published or be open to public inspection.

Question: Under Section 27, what does the section say?

Answer: Reports of or to the Controller made under this Act other than the report referred to in section 45 shall not in any case be published or be open to public inspection.


Section 28: Prohibition and publication of specification, drawings, etc., where application abandoned, etc

Context: , where application abandoned, etc.—Where an application for a design has been abandoned or refused, the application and any drawings, photographs, tracings, representations or specimens left in connection with the application shall not at any time be open to public inspection or be published by the Controller.

Question: What does Section 28 provide?

Answer: , where application abandoned, etc.—Where an application for a design has been abandoned or refused, the application and any drawings, photographs, tracings, representations or specimens left in connection with the application shall not at any time be open to public inspection or be published by the Controller.


Section 29: Power of Controller to correct clerical errors

Context: The Controll er may, on request in writing accompanied by the prescribed fee, correct any clerical error in the representation of a design or in the name or address of the proprietor of any design, or in any other matter, which is entered upon the register of designs.

Question: According to Section 29, what is stated?

Answer: The Controll er may, on request in writing accompanied by the prescribed fee, correct any clerical error in the representation of a design or in the name or address of the proprietor of any design, or in any other matter, which is entered upon the register of designs.


Section 30: Entry of assignment and transmissions in registers

Context: (1) Where a person becomes entitled by assignments, transmission or other operation of law to the copyright in a registered design, he may make application in the prescribed form to the Controller to register his title, and the Controller shall, on receipt of such application and on proof of title to his satisfaction, register him as the proprietor of such design, and shall cause an entry to be made in the prescribed manner in the register of the assig nment, transmission or other instrument affecting the title.

Question: According to Section 30, what is stated in sub-section (1)?

Answer: Where a person becomes entitled by assignments, transmission or other operation of law to the copyright in a registered design, he may make application in the prescribed form to the Controller to register his title, and the Controller shall, on receipt of such application and on proof of title to his satisfaction, register him as the proprietor of such design, and shall cause an entry to be made in the prescribed manner in the register of the assig nment, transmission or other instrument affecting the title.


Context: (2) Where any person becomes entitled as mortgage e, licensee or otherwise to any interest in a registered design, he may make an application in the prescribed form to the Controller to register his title, and the Controller shall, on receipt of such application and on proof of title to his satisfaction, cause notice of the interest to be entered in the prescribed manner in the register of designs, with particulars of the instrument, if any, creating such interest.

Question: Under Section 30, what does sub-section (2) say?

Answer: Where any person becomes entitled as mortgage e, licensee or otherwise to any interest in a registered design, he may make an application in the prescribed form to the Controller to register his title, and the Controller shall, on receipt of such application and on proof of title to his satisfaction, cause notice of the interest to be entered in the prescribed manner in the register of designs, with particulars of the instrument, if any, creating such interest.


Context:
(3) For the purposes of sub-section (1) or sub-section (2), an assignment of a design or of a share in a design, a mortgage, licence or the creation of any other interest in a design shall not be valid unless the same were in writin g and the agreement between the parties concerned is reduced to the form of an instrument embodying all the terms and conditions governing their rights and obligation and the application for registration of title under such instrument is filed in the presc ribed manner with the Controller within six months from the execution of the instrument or within such further period not exceeding six months in the aggregate as the Controller on application made in the prescribed manner allows:
Provided that the instrum ent shall, on entry of its particulars in the register under sub-section (1) or sub-section (2), have the effect from the date of its execution.

Question: What is set out in sub-section (3) of Section 30?

Answer:
For the purposes of sub-section (1) or sub-section (2), an assignment of a design or of a share in a design, a mortgage, licence or the creation of any other interest in a design shall not be valid unless the same were in writin g and the agreement between the parties concerned is reduced to the form of an instrument embodying all the terms and conditions governing their rights and obligation and the application for registration of title under such instrument is filed in the presc ribed manner with the Controller within six months from the execution of the instrument or within such further period not exceeding six months in the aggregate as the Controller on application made in the prescribed manner allows:
Provided that the instrum ent shall, on entry of its particulars in the register under sub-section (1) or sub-section (2), have the effect from the date of its execution.


Context:
(4) The person registered as the proprietor of a design shall, subject to the provisions of this Act and to any rights appearing from the register to be vested in any other person, have power absolutely to assign, grant licenses as to, or otherwise deal with, the design and to give effectual receipts for any consideration for any such assignment, licence or dealing:
Provided that any equities in respect of the design may be enforced in like manner as in respect of any other movable property.

Question: In Section 30, what is provided in sub-section (4)?

Answer:
The person registered as the proprietor of a design shall, subject to the provisions of this Act and to any rights appearing from the register to be vested in any other person, have power absolutely to assign, grant licenses as to, or otherwise deal with, the design and to give effectual receipts for any consideration for any such assignment, licence or dealing:
Provided that any equities in respect of the design may be enforced in like manner as in respect of any other movable property.


Context: (5) Except in the case of an application made under section 31, a document or instrument in respect of which no entry has been made in the register in accordance with the provisions of sub-sections (1) and (2) shall not be admitted in evidence in any court in proof of the title to copyright in a design or to any interest therein, unless the court, for reasons to be recorded in writing, otherwise directs.

Question: What does sub-section (5) of Section 30 provide?

Answer: Except in the case of an application made under section 31, a document or instrument in respect of which no entry has been made in the register in accordance with the provisions of sub-sections (1) and (2) shall not be admitted in evidence in any court in proof of the title to copyright in a design or to any interest therein, unless the court, for reasons to be recorded in writing, otherwise directs.


Section 31: Rectification of register

Context: (1) The Controller may, on the application in the prescribed manner of any person aggrieved by the non -insertion in or omission from the register of designs of any entry, or by any entry made in such register without sufficient cause, or by any entry wrongly remaining on such register, or by an error or defect in any entry in such register, make such order for making, expunging or varying such entry as he thinks fit and rectify the register accordingly.

Question: According to Section 31, what is stated in sub-section (1)?

Answer: The Controller may, on the application in the prescribed manner of any person aggrieved by the non -insertion in or omission from the register of designs of any entry, or by any entry made in such register without sufficient cause, or by any entry wrongly remaining on such register, or by an error or defect in any entry in such register, make such order for making, expunging or varying such entry as he thinks fit and rectify the register accordingly.


Section 31: Rectification of register

Context: (2) The Controller may , in any proceeding under this section, decide any question that may be necessary or expedient to decide in connection with the rectification of a register.

Question: Under Section 31, what does sub-section (2) say?

Answer: The Controller may , in any proceeding under this section, decide any question that may be necessary or expedient to decide in connection with the rectification of a register.


Section 31: Rectification of register

Context: (3) An appeal shall lie to the High Court from any order of the Controller under this section and the Controller may refer any application under this section to the High Court for decision, and the High Court shall dispose of any application so referred.

Question: What is set out in sub-section (3) of Section 31?

Answer: An appeal shall lie to the High Court from any order of the Controller under this section and the Controller may refer any application under this section to the High Court for decision, and the High Court shall dispose of any application so referred.


Section 31: Rectification of register

Context: (4) Any order of the Court rectifying a register shall direct that notice of the rectification be served on the Controller in the prescribed manner who shall upon the receipt of such notice rectify the register accordingly.

Question: In Section 31, what is provided in sub-section (4)?

Answer: Any order of the Court rectifying a register shall direct that notice of the rectification be served on the Controller in the prescribed manner who shall upon the receipt of such notice rectify the register accordingly.


Section 31: Rectification of register

Context: (5) Nothing in this section shall be deemed to empower the Controller to make any such order cancelling the registration of a design as is provided for in section 19.

Question: What does sub-section (5) of Section 31 provide?

Answer: Nothing in this section shall be deemed to empower the Controller to make any such order cancelling the registration of a design as is provided for in section 19.


Section 32: Powers of Controller in proceedings under Act

Context: Subject to any rules made in this behalf, the Controller in any proceedings before him under this Act shall have the powers of a civil court for the purpose of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents, issuing commissions for the examining of witnesse s and awarding costs and such award shall be executable in any court having jurisdiction as if it were a decree of that court.

Question: What does Section 32 provide?

Answer: Subject to any rules made in this behalf, the Controller in any proceedings before him under this Act shall have the powers of a civil court for the purpose of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents, issuing commissions for the examining of witnesse s and awarding costs and such award shall be executable in any court having jurisdiction as if it were a decree of that court.


Section 33: Exercise of discretionary power by Controller

Context: Where any discretionary power is by or under this Act given to Controller, he shall not exercise that power adversely to the applicant for registration of a design without (if so required within the prescribed time by the applicant) giving the applicant an opportunity of being heard.

Question: According to Section 33, what is stated?

Answer: Where any discretionary power is by or under this Act given to Controller, he shall not exercise that power adversely to the applicant for registration of a design without (if so required within the prescribed time by the applicant) giving the applicant an opportunity of being heard.


Section 34: Power of Controller to take directions of the Central Government

Context: The Controller may, in any case of doubt or difficulty arising in the administration of any of the provisions of this Act, apply to the Central Government for directions in the matter.

Question: What is set out in Section 34?

Answer: The Controller may, in any case of doubt or difficulty arising in the administration of any of the provisions of this Act, apply to the Central Government for directions in the matter.


Section 35: Refusal to register a design in certain cases

Context: (1) The Controller may refuse to register a design of which the use would, in his opinion, be contrary to public order or morality.

Question: In Section 35, what is provided in sub-section (1)?

Answer: The Controller may refuse to register a design of which the use would, in his opinion, be contrary to public order or morality.


Context: (2) An appeal shall lie to the High Court from an order of the Controller under this section.

Question: What does sub-section (2) of Section 35 provide?

Answer: An appeal shall lie to the High Court from an order of the Controller under this section.


Section 37: Evidence before the Controller

Context: Subject to any rules made under section 44, in any proceeding under this Act before the Controller, the evidence shall be given by affidavit in the absence of directions by the Controller to the contrary; but in any case in which the Controller thinks it right so to do he may take evidence viva voce in lieu of or in addition to evidence by affidavit or may allow any party to be cross-examined on the contents of his affidavit.

Question: According to Section 37, what is stated?

Answer: Subject to any rules made under section 44, in any proceeding under this Act before the Controller, the evidence shall be given by affidavit in the absence of directions by the Controller to the contrary; but in any case in which the Controller thinks it right so to do he may take evidence viva voce in lieu of or in addition to evidence by affidavit or may allow any party to be cross-examined on the contents of his affidavit.


Section 38: Certificate of Controller to be evidence

Context: A certificate purporting to be under the hand of the Controller as to any entry, matter or thin g which he is authoriz ed by this Act, or any rules made thereunder to make or do, shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or left undone.

Question: What is set out in Section 38?

Answer: A certificate purporting to be under the hand of the Controller as to any entry, matter or thin g which he is authoriz ed by this Act, or any rules made thereunder to make or do, shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or left undone.


Section 40: Applications and notices by post

Context: Any application, notice or other document authorized or required to be left, made or given at the patent office or to the Controller, or to any other person under this Act, may be sent by post.

Question: What does Section 40 provide?

Answer: Any application, notice or other document authorized or required to be left, made or given at the patent office or to the Controller, or to any other person under this Act, may be sent by post.


Section 42: Avoidance of certain restrictive conditions

Context:
(i) in any contract for or in relation to the sale or lease of an article in respect of which a design is registered; or
(ii) in a licence to manufacture or use an article in respect of which a design is registered; or
(iii) in a licence to package the article in respect of which a design is registered, condition the effect of which may be—
(a) to require the purchaser, lessee, or licensee to acquire from the vendor, lessor, or licensor or his nominees, or to prohibit him from acquiring or to restrict in any ma nner or to any extent his right to acquire from any person or to prohibit him from acquiring except from the vendor, lessor, or licensor or his nominees any article other than the article in respect of which a design is registered; or
(b) to prohibit the p urchaser, lessee or licensee from using or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee, to use an article other than the article in respect of which a design is registered which is not supplied by the vendor, lessor or licensor or his nominee, and any such condition shall be void.

Question: According to Section 42, what is stated in clause (i) of sub-section (1)?

Answer: in any contract for or in relation to the sale or lease of an article in respect of which a design is registered; or


Question: Under Section 42, what does clause (ii) of sub-section (1) say?

Answer:
in a licence to manufacture or use an article in respect of which a design is registered; or
(iii) in a licence to package the article in respect of which a design is registered, condition the effect of which may be—


Question: What is set out in clause (a) of sub-section (1) of Section 42?

Answer: to require the purchaser, lessee, or licensee to acquire from the vendor, lessor, or licensor or his nominees, or to prohibit him from acquiring or to restrict in any ma nner or to any extent his right to acquire from any person or to prohibit him from acquiring except from the vendor, lessor, or licensor or his nominees any article other than the article in respect of which a design is registered; or


Question: In Section 42, what does clause (b) of sub-section (1) specify?

Answer: to prohibit the p urchaser, lessee or licensee from using or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee, to use an article other than the article in respect of which a design is registered which is not supplied by the vendor, lessor or licensor or his nominee, and any such condition shall be void.


Context: (2) A condition of the nature referred to in clause (a) or clause (b) of sub-section (1) shall not cease to be a condition falling within that sub-section merely by reason of the fact that the agreement containing it has been entered into separately, whether before or after the contract relating to the sale, lease or licence of the article in respect of which a design is registered.

Question: What does sub-section (2) of Section 42 provide?

Answer: A condition of the nature referred to in clause (a) or clause (b) of sub-section (1) shall not cease to be a condition falling within that sub-section merely by reason of the fact that the agreement containing it has been entered into separately, whether before or after the contract relating to the sale, lease or licence of the article in respect of which a design is registered.


Context:
(3) In proceeding against any person for any act in contravention of section 22, it shall be a defence to prove that at the time of such contravention there was in force a contract relating to the registered design and containing a condition declared unlawful by this section:
Provided that this sub-section shall not apply if the plaintiff is not a party to the contract and proves to the satisfaction of the court that the restrictive condition was inserted in the contract without his knowledge and consent, express or implied.

Question: According to Section 42, what is stated in sub-section (3)?

Answer:
In proceeding against any person for any act in contravention of section 22, it shall be a defence to prove that at the time of such contravention there was in force a contract relating to the registered design and containing a condition declared unlawful by this section:
Provided that this sub-section shall not apply if the plaintiff is not a party to the contract and proves to the satisfaction of the court that the restrictive condition was inserted in the contract without his knowledge and consent, express or implied.


Context:
(a) affect a condition in a contract by which a person is prohibited from selling goods other than those of particular person;
(b) validate a contract which, but for this section, would be invalid;
(c) affect a condition in a contract for the lease of , or licence to use, an article in respect of which a design is registered, by which the lessor or licensor reserves to himself or his nominee the right to supply such new parts of the article, in respect of which a design is registered, as may be required or to put or keep it in repair.

Question: Under Section 42, what does clause (a) of sub-section (4) say?

Answer: affect a condition in a contract by which a person is prohibited from selling goods other than those of particular person;


Question: What is set out in clause (b) of sub-section (4) of Section 42?

Answer: validate a contract which, but for this section, would be invalid;


Question: In Section 42, what does clause (c) of sub-section (4) specify?

Answer: affect a condition in a contract for the lease of , or licence to use, an article in respect of which a design is registered, by which the lessor or licensor reserves to himself or his nominee the right to supply such new parts of the article, in respect of which a design is registered, as may be required or to put or keep it in repair.


Context: (5) The provision of this section shall also apply to contracts made before the commencement of this Act if, and in so far as, any restrictive conditions declared unlawful by this section continue in force after the expiration of one year from such commencement.

Question: What does sub-section (5) of Section 42 provide?

Answer: The provision of this section shall also apply to contracts made before the commencement of this Act if, and in so far as, any restrictive conditions declared unlawful by this section continue in force after the expiration of one year from such commencement.


Section 43: Agency

Context: (1) All applications and communications to the Controller under this Act may be signed by, and all attendances upon the Controller may be made by or through a legal practitioner or by or through an agent whose name and address ha d been entered in the register of patent agents maintained under section 125 of the Patents Act, 1970 (39 of 1970).

Question: According to Section 43, what is stated in sub-section (1)?

Answer: All applications and communications to the Controller under this Act may be signed by, and all attendances upon the Controller may be made by or through a legal practitioner or by or through an agent whose name and address ha d been entered in the register of patent agents maintained under section 125 of the Patents Act, 1970 (39 of 1970).


Section 43: Agency

Context:
(a) any such agent to be resident in India;
(b) any person not residing in India to employ an agent residing in India;
(c) the personal signature or presence of any applicant or other person.

Question: Under Section 43, what does clause (a) of sub-section (2) say?

Answer: any such agent to be resident in India;


Section 43: Agency

Question: What is set out in clause (b) of sub-section (2) of Section 43?

Answer: any person not residing in India to employ an agent residing in India;


Section 43: Agency

Question: In Section 43, what does clause (c) of sub-section (2) specify?

Answer: the personal signature or presence of any applicant or other person.