Is a substantive examination conducted?

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Yes, a substantive examination is conducted and the following are examined:-   (a) Novelty   (b) Prior publication in any tangible form anywhere in the world and   (c) Should not be against public order and morality   (d) Should be significantly distinguishable from other known design or combination of design   (e) Should be… Read more »

Can a registered design subsequently revoked by Controller?

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Yes. Any time during the subsistence of Design registration, any person can seek cancellation of design registration by filing an Application before the Controller under Section 19 and 31 of the Designs Act, 2000 in Form 17 by paying the prescribed fee of Rs. 500/-.

What are the remedies available for infringement of a registered design?

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Section 22 of the Designs Act, 2000 provides that any fraudulent or obvious imitation of a registered design without the consent of the proprietor is unlawful and also prohibits the import of such material which closely resembles a registered Design. The section very specifically provides that in a civil case compensation payable shall not exceed… Read more »

Can criminal remedies be availed in case of design infringement?

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Copyrights Act and Trademarks Act which provide that the infringement of these rights are cognizable offences where a Police Officer not below the Rank of the Inspector can conduct a search and even arrest without a warrant.   Section 22 of the Designs Act, 2000 does not expressly provide for criminal remedies in case of… Read more »