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Trade Mark
Design Mark
Patent
Copy
Right
Hilights of The Designs Act, 2000
a)
it enlarges the scope of definition of “article” and “design”
and introduces definition of “original”;
b)
it amplifies the scope of ‘prior publication’;
c)
it incorporates the provision for delegation of powers of the
Controller to other officers and duties of examiners;
d)
it contains provision for identification of non-registerable
designs;
e)
it contains provision for substitute of application before
registration of a design;
f)
it introduces internationally followed system of classification
in the place of Indian classification;
g)
it contains provision for maintaining the Register of designs
on computer;
h)
it contains provision for restoration of lapsed designs;
i)
it contains provision for appeal against order of the
Controller before the High Court instead of Central Government as
existing;
j)
it revokes the period of secrecy of two years of a registered
design;
k)
it provides for compulsory registration of any document for
transfer of right in the registered design;
l)
it introduces additional grounds in cancellation proceedings
and makes provision for initiating the cancellation proceedings before
the Controller in place of High Court;
m)
it enhances the quantum of penalty imposed for infringement of
registered design;
n)
it contains provisions for grounds of cancellation to be taken
as defence in the infringement proceedings to be initiated in any
court not below the court of the District Judge;
o)
it enhances initial period of registration from 5 to 10 years,
to be followed by a further extension of a period of five years;
p)
it contains provision for allowing of priority to other
convention countries and countries belonging to the group of countries
or inter-governmental organizations apart from United Kingdom and
other Commonwealth countries;
q)
it contains provision for avoidance of certain restrictive
conditions for the control of anti-competitive practice in contractual
licences;
r)
it contains specific provisions to protect the security of
India;
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