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This document contains 15 multiple choice questions about industrial design law in India. The questions cover topics such as who can file a cancellation petition, appeal procedures, infringement remedies and timelines, eligibility criteria, protection of unregistered designs, and classification systems. Correct answers are provided for each question.

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Vishakha Patel
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108 views3 pages

1 Point

This document contains 15 multiple choice questions about industrial design law in India. The questions cover topics such as who can file a cancellation petition, appeal procedures, infringement remedies and timelines, eligibility criteria, protection of unregistered designs, and classification systems. Correct answers are provided for each question.

Uploaded by

Vishakha Patel
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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1.Cancellation petition can be filed by?

(1 Point)
A neighbour
Designer’s friend
A competitor
A buyer of article with design applied to it
2.Appeal against administrative Decision lies with:
(1 Point)
Intellectual Property Appellate Board.
Board of Appeals of Intellectual Property
High Court
District court
3.For instituting an infringement suit in Commercial courts, the value of the
subject matter should not be less than?
(1 Point)
1 crore rupees
5 crore rupees
1 lakh rupees
5 lakh rupees
4.Following is a criminal remedies available of infringement of a registered
Design:
(1 Point)
Damages
Cancellation of design
Imprisonment
No criminal remedies available for design
5.Burden of proof in case of infringement suit is on?
(1 Point)
Plaintiff
Defendant
Judge
Controller of Designs
6.Can copyright protect your design?
(1 Point)
Yes, until 15 copies of the same is made and sold
Yes, until number of copies specified under section 15 of Copyrights Act are produced and sold
Yes, until you do not file design application for same design.
Yes, it protects even without being registered because copyright registration is not mandatory.
7.Who cannot apply for a design registration?
(1 Point)
Inventor of functional aspects
Individual Designer
Designer company
Assignee
8.One should initiate an infringement suit within:
(1 Point)
No time-limit
As directed by court
As directed by controller of design
3 years from the infringement
9.A jeweller designs a pendant with a design of Vespa; is he eligible for getting a
design registration?
(1 Point)
Yes, if the designer of Vespa look allows
Yes, it can be registered
No, it cannot be; as it is not new
No, not without permission of the controller of Designs
10.What is not a remedy in case of infringement?
(1 Point)
Sending a legal notice
Filing a case of infringement in District Court
Filing a case of infringement in Commercial Court
Filing a case of infringement in High Court
11.Can you initiate an infringement suit against a person registering design
commonly found in other articles?
(1 Point)
Yes
No
Need a permission from Design office
12.You can claim your rights and monopoly over unregistered design?
(1 Point)
True
False
13. Can designs be protected under Trade-secrets?
(1 Point)
Yes, by signing a Non-disclosure agreement with the employees
No, because it becomes public when you launch the design
Yes, you can keep it secret and can get protection under copyright without registration
No because Trade-secret Act does not allow Design to be included for such Non-Disclosure
agreements
14.Name of the agreement which provides the classification of articles based on
which Industrial designs are classified and the protection is sought under specific
classes:-
(1 Point)
TRIPs classification
Paris Classification
Locarno Classification
Nice Classification

15.When can you extend the duration of design registration?


(1 Point)
Any time before expiry of 15 years
Any time before expiry of 10 years
Any time before expiry of total term of registration.
Any time before grant of design registration

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