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Prohibition of Registration of design, [Section-4] Prohibition of Design…
Prohibition of Registration of design
Section-04
Grounds
Section-35
Refusal for Registration
Section-2(d)
Does not include
[Section-4] Prohibition of Design Registration
a) not new or original
b) Disclosed to Public
Anywhere in India
In other country
By Publication
Tangible form
By use in other way
Prior to
Filing date
Prior date of application
c) Not significantly distinguishable form
Known design
Combination of known design
d) Comprise or contains
Scandalous
Obsence matter
Second part of 2(d) does not include
a) any mode or Principle of construction
c) anything covered under other statutes
Property mark (IPC-S479) -1860
Artistic work (copyright)-1957
Trademark (trade and merchandise act,1958)
b) anything in substance amere mechanical device
[Section-35] Refusal to registered design
a) controller may (in his opinion)
c) Appeal to high court (No recomendation available)
b) Contrary to
Public order
Morality
Section 2(c) -Copyright
Becuase, Any design is being protected by copyright
Exclusive right to apply any registered design
Any article
A
B
Any class
B
A
Section 2(g) original
Originating from author
Old but new in application