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Conditions for Design Registration - Coggle Diagram
Conditions for Design Registration
Section 4 of the Design Act 2000
Conditions which Designs are prohibited from Registration
New or Original
invented for the first time and has not reproduced by anyone
would be registerable even if already known pattern is applied to new article
New with respect to class of article which it has been applied
Eg. Shape of Peacock applied to a clock
No Prior Publication
Types of publication
in prior document
Creation of design on paper
Design as a part of invnetory
prior user
Eg. Selling of Dresses before putting on paper disentitle from registeration
Example : :check: display of Emerald necklace in Jewelry Exhibition
must be applied to article itself
the design must be applied to articleitself
must be incorporated in the article itself
as in the case of shape or configuration itself
Must not be obscene or Scandalous
not against pubic order
prohibited by government agency
Example :A design which represents violence