Download The Designs Act 2000 MCQs Set- 1 PDF 

 

1. The Preamble to the Designs Act, 2000 states that the Act was enacted to:

a. Consolidate and amend the law relating to protection of designs

b. Regulate patents, designs and trade-marks under a common law

c. Provide protection only to industrial inventions

d. Consolidate the law relating to copyrights and patents

 

2. The Designs Act, 2000 was enacted by:

a. Parliament in the Fifty-first Year of the Republic of India

b. Parliament in the Fiftieth Year of the Republic of India

c. The Constituent Assembly in the Fifty-first Year of the Republic of India

d. Parliament in the Fifty-second Year of the Republic of India

 

3. Which of the following statements is correct under the Preamble?

a. The Act is intended only to amend the law relating to protection of designs.

b. The Act is intended to consolidate and amend the law relating to protection of designs.

c. The Act consolidates the law relating to patents and copyrights.

d. The Act applies only to registered industrial designs.

 

4. Section 1 of the Designs Act, 2000 deals with:

a. Short title, extent and commencement

b. Definitions

c. Registration of designs

d. Copyright in registered designs

 

5. A question arises regarding the territorial applicability of the Designs Act, 2000. Under Section 1, the Act:

a. Extends only to such States as may be notified by the Central Government

b. Extends to the whole of India

c. Extends only to Union Territories

d. Extends only to notified industrial areas

 

6. The Central Government decides to enforce only selected provisions of the Designs Act, 2000 initially and postpone the enforcement of the remaining provisions. Under Section 1:

a. Such action is impermissible since the entire Act must commence on the same date.

b. Different dates may be appointed for different provisions by notification in the Official Gazette.

c. Different dates may be appointed only with the approval of Parliament.

d. Different dates may be appointed only by amendment of the Act.

 

7. A provision of the Designs Act, 2000 is brought into force on a date later than some other provisions. For that provision, the expression "commencement of this Act" shall be construed as referring to:

a. The date on which the President assented to the Act

b. The date on which the first provision of the Act came into force

c. The date on which that particular provision comes into force

d. The date on which all provisions come into force simultaneously

 

8. Which of the following statements is correct under Section 1?

a. The Act came into force on 25th May, 2000.

b. The Central Government may appoint the commencement date only once for the entire Act.

c. The Act extends to the whole of India, and the Central Government may appoint different commencement dates for different provisions by notification in the Official Gazette.

d. Every reference to the commencement of the Act always means the date on which the Act received the President's assent.

 

9. Section 2 of the Designs Act, 2000 deals with:

a. Definitions

b. Registration of designs

c. Powers of the Controller

d. Copyright in registered designs

 

10. A manufacturer produces detachable lids that are capable of being manufactured and sold separately from the main product. Under Section 2, such lids fall within the definition of:

a. Design

b. Article

c. Original design

d. Copyright

 

11. Under Section 2, the term "Controller" refers to:

a. The Controller of Designs appointed by the Central Government

b. The Controller-General of Patents, Designs and Trade Marks referred to in Section 3

c. The Registrar of Trade Marks

d. The Secretary to the Government dealing with industry

 

12. Under Section 2, "copyright" means:

a. The exclusive right to manufacture an article

b. The exclusive right to apply a design to any article in any class in which the design is registered

c. The exclusive right to sell articles embodying the design

d. The exclusive right to reproduce the article

 

13. A floral pattern is applied to an article through a chemical process. The finished article appeals solely to the eye. Subject to the statutory exclusions, the pattern qualifies as a design because:

a. A design may be applied by any industrial process or means, whether manual, mechanical or chemical, separate or combined.

b. Only manually applied designs are recognized.

c. Only mechanical processes are recognized.

d. Only two-dimensional features qualify as designs.

 

14. Which one of the following is expressly excluded from the definition of "design" under Section 2?

a. Ornament applied to an article

b. Composition of lines applied to an article

c. A mere mechanical device

d. Configuration applied by an industrial process

 

15. Which of the following is also expressly excluded from the definition of "design" under Section 2?

a. A trade mark, a property mark and an artistic work

b. A patent

c. A geographical indication

d. An industrial process

 

16. Under Section 2, the expression "High Court" has the same meaning as assigned to it in:

a. The Copyright Act, 1957

b. The Trade and Merchandise Marks Act, 1958

c. Clause (i) of Section 2 of the Patents Act, 1970

d. The Code of Civil Procedure, 1908

 

17. Under Section 2, a "legal representative" means:

a. Any legal heir

b. Any nominee of the deceased

c. A person who in law represents the estate of a deceased person

d. Only an executor appointed under a will

 

18. An old design is applied for the first time to a different article, making its application new. Under Section 2, such a design may be regarded as:

a. Registered

b. Original

c. Copyrighted

d. Proprietary

 

19. Under Section 2, "patent office" means:

a. The office of the Controller-General

b. Any office notified by the Central Government

c. The patent office referred to in Section 74 of the Patents Act, 1970

d. Every office receiving design applications

 

20. Under Section 2, the expression "prescribed" means:

a. Prescribed by the Controller

b. Prescribed by notification

c. Prescribed by rules made under the Act

d. Prescribed by the High Court

 

21. A designer creates a design for valuable consideration under a contract with a company. Under Section 2, the proprietor of the new or original design is:

a. The designer

b. The company for whom the design was executed

c. The Controller

d. Both jointly

 

22. X acquires the exclusive right to apply a design to an article from its owner. Under Section 2, the proprietor to the extent of the acquired right is:

a. The original author alone

b. The person acquiring the design or the right

c. The Controller

d. The manufacturer

 

23. In a case not falling under execution of work for another person or acquisition of rights, the proprietor of a new or original design is:

a. The author of the design

b. The Central Government

c. The Controller-General

d. The Patent Office

 

24. The right to apply a design devolves upon another person after the original proprietor. Under Section 2, the expression "proprietor of a new or original design":

a. Refers only to the original proprietor

b. Includes the person upon whom the property or right has devolved

c. Refers only to the legal representative

d. Ceases after devolution

 

25. Which of the following statements is correct under Section 2?

a. Every feature of an article constitutes a design.

b. A design includes a mode or principle of construction.

c. A design consists only of specified visual features applied to an article which, in the finished article, appeal to and are judged solely by the eye, subject to the statutory exclusions.

d. Copyright means the exclusive right to manufacture every article of the same description.

 

26. Section 3 of the Designs Act, 2000 deals with:

a. Controller and other officers

b. Registration of designs

c. Prohibition of registration

d. Copyright in registered designs

 

27. Under Section 3, who shall be the Controller of Designs for the purposes of the Designs Act, 2000?

a. The Secretary to the Government of India dealing with industry

b. The Controller-General of Patents, Designs and Trade Marks appointed under Section 4(1) of the Trade and Merchandise Marks Act, 1958

c. Any officer appointed by the Central Government

d. The Registrar of Trade Marks

 

28. For the purposes of the Designs Act, 2000, the Central Government is empowered to:

a. Appoint only examiners

b. Appoint only officers specifically mentioned in the Act

c. Appoint as many examiners and other officers with such designations as it thinks fit

d. Appoint officers only after consultation with the Controller

 

29. An examiner appointed under Section 3 seeks to exercise a statutory function of the Controller. Under the Act, such function may be exercised only if:

a. The Central Government issues a notification authorizing the examiner

b. The High Court grants approval

c. The Controller authorizes the officer by a general or special order in writing, subject to the provisions of the Act

d. The officer has held office for at least one year

 

30. The officers appointed under Section 3(2) discharge the functions authorized by the Controller:

a. Independently without any supervision

b. Under the superintendence and directions of the Central Government

c. Under the superintendence and directions of the Controller

d. Under the supervision of the High Court

 

31. A matter is pending before an examiner appointed under Section 3(2). The Controller records reasons in writing and decides to take over the matter personally. Under Section 3(4), the Controller:

a. Cannot withdraw a matter once assigned to an examiner

b. May withdraw the matter and deal with it himself either de novo or from the stage at which it was withdrawn

c. May deal with the matter only de novo

d. May deal with the matter only from the stage at which it was withdrawn

 

32. The Controller withdraws a pending matter from one officer and transfers it to another officer appointed under Section 3(2). Under Section 3(4), the transferee officer:

a. Must always hear the matter afresh

b. Must always continue from the stage at which it was transferred

c. May, subject to special directions in the transfer order, proceed either de novo or from the stage at which the matter was transferred

d. May proceed only after obtaining the consent of the parties

 

33. Which of the following statements is correct under Section 3?

a. The Controller may withdraw a matter from an officer without recording reasons.

b. Officers appointed under Section 3(2) exercise all powers of the Controller independently of his directions.

c. The Controller may, by order in writing and for reasons recorded therein, withdraw a pending matter from an officer and either deal with it himself or transfer it to another officer, who may proceed either de novo or from the stage of transfer, subject to special directions.

d. The Central Government alone is empowered to transfer matters pending before officers appointed under Section 3(2).

 

34. Section 4 of the Designs Act, 2000 deals with:

a. Prohibition of registration of certain designs

b. Copyright in registered designs

c. Examination of applications

d. Cancellation of registration

 

35. A person applies for registration of a design which is merely a reproduction of an existing design without any originality. Under Section 4, the application:

a. Shall be registered if the applicant is the first to apply

b. Shall not be registered because the design is not new or original

c. May be registered with the Controller's approval

d. Shall be registered upon payment of the prescribed fee

 

36. A design was published in tangible form in another country before the filing date of the application in India. Under Section 4, the design:

a. May still be registered because the publication was outside India

b. Shall not be registered since prior disclosure anywhere in India or any other country by publication in tangible form is a bar to registration

c. Shall be registered if it has not been commercially exploited in India

d. Shall be registered if the publication was made by a third party

 

37. A design was publicly used before the filing date of the application, though it was never published in tangible form. Under Section 4:

a. Prior use is irrelevant unless accompanied by publication

b. The design shall not be registered because prior public disclosure by use is a statutory bar

c. The design shall be registered if the use occurred outside India

d. Registration depends solely upon the Controller's discretion

 

38. A design had been disclosed to the public before the applicable priority date of the application through a mode other than publication in tangible form or use. Under Section 4:

a. Such disclosure is irrelevant unless it is by publication

b. Only disclosure within India is relevant

c. The design shall not be registered since disclosure "in any other way" before the filing date or, where applicable, the priority date is a bar to registration

d. Registration cannot be refused on the basis of such disclosure

 

39. An applicant seeks registration of a design which is only a trivial variation of an existing known design and is not significantly distinguishable from it. Under Section 4:

a. The design shall be registered because minor differences are sufficient

b. The design shall not be registered because it is not significantly distinguishable from a known design or combination of known designs

c. Registration depends upon commercial success

d. Registration may be granted if the applicant is the original author

 

40. A design contains scandalous or obscene matter. Under Section 4:

a. It may be registered subject to conditions

b. It shall not be registered

c. It may be registered if it is original

d. It may be registered if it has not been published earlier

 

41. Which of the following statements is correct under Section 4?

a. A design disclosed to the public outside India before the filing date may still be registered if it has not been disclosed in India.

b. A design not significantly distinguishable from known designs may be registered if it is commercially valuable.

c. A design comprising or containing scandalous or obscene matter shall not be registered.

d. Prior public disclosure is relevant only if made by publication in tangible form.

 

42. Section 5 of the Designs Act, 2000 deals with:

a. Application for registration of designs

b. Prohibition of registration of certain designs

c. Copyright in registered designs

d. Cancellation of registration

 

43. A person applies for registration of a design claiming to be its proprietor. Under Section 5(1), the Controller may register the design only if, inter alia, it:

a. Has been commercially exploited in India

b. Is new or original, has not been previously published in any country and is not contrary to public order or morality

c. Has been published in at least one country

d. Is certified by the Central Government

 

44. Before registering a design under Section 5(1), the Controller is required to:

a. Register the design first and thereafter obtain an examiner's report

b. Refer the application to an examiner appointed under Section 3(2) for examination and consider the examiner's report before registration

c. Obtain the approval of the Central Government

d. Invite objections from the public

 

45. The examination referred to an examiner under the proviso to Section 5(1) is intended to determine whether:

a. The applicant is the true inventor

b. The design is capable of being registered under the Act and the rules made thereunder

c. The design is commercially successful

d. The design has already been marketed in India

 

46. An application for registration of a design is filed in a format not prescribed under the Act and without the prescribed fee. Under Section 5(2), such application does not comply with the statutory requirement because every application must:

a. Be filed before the High Court

b. Be in the prescribed form, filed in the patent office in the prescribed manner and accompanied by the prescribed fee

c. Be submitted only through an advocate

d. Be accompanied by proof of commercial use

 

47. An applicant seeks registration of the same design in more than one class. Under Section 5(3):

a. Registration is prohibited in more than one class

b. A design may be registered in more than one class, and in case of doubt regarding the appropriate class, the Controller may decide the question

c. The Central Government alone decides the appropriate class

d. The applicant has the final authority to determine the class

 

48. The Controller refuses to register a design presented for registration. Under Section 5(4), the person aggrieved by such refusal may:

a. Seek revision before the Controller

b. Appeal to the High Court

c. Appeal to the Central Government

d. File a review before the examiner

 

49. An applicant fails, due to his own default, to complete the application within the prescribed time so as to enable registration. Under Section 5(5), the application:

a. Shall remain pending indefinitely

b. Shall automatically stand rejected after hearing

c. Shall be deemed to have been abandoned

d. Shall be decided by the High Court

 

50. A design is registered after completion of all statutory formalities. Under Section 5(6), the date of registration shall be:

a. The date on which the Controller signs the registration certificate

b. The date of entry in the register of designs

c. The date of the application for registration

d. The date on which the examiner submits the report

 

51. Which of the following statements is correct under Section 5?

a. The Controller is bound to register every design once an application is filed.

b. A design, when registered, is registered as of the date on which the Controller grants registration.

c. An application not completed within the prescribed time owing to the applicant's default or neglect is deemed to be abandoned.

d. Every refusal of registration by the Controller is final and not appealable.

 

52. Section 6 of the Designs Act, 2000 deals with:

a. Registration to be in respect of particular article

b. Registration of textile designs

c. Copyright in registered designs

d. Restoration of lapsed designs

 

53. Under Section 6(1), a design may be registered:

a. Only in respect of one article

b. Only in respect of all the articles comprised in a prescribed class of articles

c. In respect of any or all of the articles comprised in a prescribed class of articles

d. Only in respect of articles specifically notified by the Central Government

 

54. A dispute arises as to the class within which a particular article falls for the purpose of registration of a design. Under Section 6(2), who is competent to determine the question?

a. The High Court

b. The Central Government

c. The Controller, whose decision shall be final

d. The Examiner appointed under Section 3(2)

 

55. A proprietor has already registered a design in respect of one article falling within a prescribed class. He subsequently applies to register the same design in respect of another article comprised in the same class. Under Section 6(3), such application:

a. Shall be refused because the design is no longer new or original

b. May be refused on the ground that the design has already been published

c. Shall not be refused merely because the design was previously registered in respect of another article in the same class

d. Can be entertained only after cancellation of the earlier registration

 

56. A proprietor applies to register an already registered design in respect of another article in the same class. It is contended that the earlier registration amounts to prior publication in India. Under Section 6(3):

a. The subsequent registration is invalid because of such prior publication

b. The subsequent registration shall not be refused or invalidated merely because the design had been applied to an article in respect of which it was previously registered

c. Prior publication is irrelevant only if it occurred outside India

d. Prior publication can be ignored only with the Controller's approval

 

57. A design is subsequently registered in respect of another article comprised in the same class after an earlier registration of the design. Under the proviso to Section 6(3), the effect on copyright is that:

a. A fresh and independent period of copyright commences from the subsequent registration

b. The period of copyright stands renewed automatically

c. The subsequent registration does not extend the period of copyright beyond that arising from the previous registration

d. The Controller may extend the copyright period at his discretion

 

58. X applies for registration of a design in respect of an article. During the pendency of the application, X becomes the registered proprietor of the same design which had previously been registered by another person in respect of another article. Under Section 6(4), the application shall be dealt with:

a. As if X had never acquired the earlier registration

b. As if X had been the registered proprietor of the earlier design at the time of making the application

c. Only after filing a fresh application

d. Only after cancellation of the earlier registration

 

59. A pending application relates to a design which is a previously registered design with modifications not sufficient to alter its character or substantially affect its identity. During the pendency of the application, the applicant becomes the registered proprietor of the previously registered design. Under Section 6(4):

a. The pending application automatically stands rejected

b. The application is treated as though the applicant had been the registered proprietor at the time of making the application

c. The applicant must file a new application for the modified design

d. The Controller must first cancel the previous registration

 

60. Which of the following statements is correct under Section 6?

a. Every dispute regarding the class of an article is appealable to the High Court as a matter of right.

b. A subsequent registration of the same design in respect of another article in the same class always gives rise to a fresh period of copyright.

c. A design may be registered in respect of any or all of the articles comprised in a prescribed class, and where the conditions of Section 6(3) are satisfied, the subsequent registration does not extend the period of copyright beyond that arising from the previous registration.

d. Registration of the same design in respect of another article in the same class is prohibited in all circumstances.

 

61. Section 7 of the Designs Act, 2000 deals with:

a. Publication of particulars of registered designs

b. Registration to be in respect of particular article

c. Copyright in registered designs

d. Cancellation of registration

 

62. A design has been registered under the Designs Act, 2000. Under Section 7, the Controller is required to:

a. Publish the complete design application immediately before registration

b. Cause publication of the prescribed particulars of the registered design as soon as may be after its registration in the prescribed manner

c. Publish the registered design only upon an application made by the proprietor

d. Publish the design only after the expiry of the copyright period

 

63. Under Section 7, a registered design becomes open to public inspection:

a. Immediately upon filing of the application

b. Immediately upon registration

c. After the prescribed particulars of the design have been published in the prescribed manner

d. Only after the Controller grants specific permission

 

64. Which of the following statements is correct under Section 7?

a. Every registered design is open to public inspection immediately upon filing of the application.

b. The Controller has no statutory obligation to publish the particulars of a registered design.

c. The Controller shall, as soon as may be after registration, cause the prescribed particulars of the design to be published in the prescribed manner, and thereafter the design shall be open to public inspection.

d. Public inspection of a registered design is subject to the prior consent of the registered proprietor.

 

65. Section 8 of the Designs Act, 2000 deals with:

a. Power of Controller to make orders regarding substitution of application, etc.

b. Publication of particulars of registered designs

c. Registration to be in respect of particular article

d. Cancellation of registration

 

66. Before a design is registered, X claims that by virtue of a written assignment executed by the applicant, X would, if the design were registered, be entitled to the design. If the Controller is satisfied with the claim made in the prescribed manner, he may:

a. Register the design only in the applicant's name

b. Reject the application as non-maintainable

c. Direct that the application shall proceed in the name of the claimant or jointly with the applicant, as the case may require

d. Refer the matter to the High Court without passing any order

 

67. A claim under Section 8(1) may be entertained by the Controller where the claimant derives entitlement:

a. Only by inheritance

b. Only by assignment

c. By assignment, agreement in writing, or operation of law

d. Only by a decree of the High Court

 

68. One of two joint applicants assigns his interest in the pending application without obtaining the consent of the other joint applicant. Under Section 8(2), the Controller:

a. May give the direction irrespective of such consent

b. Shall not give such direction without the consent of the other joint applicant or applicants

c. Must register the assignment automatically

d. May ignore the objection of the remaining joint applicant

 

69. A claimant relies upon an assignment of the benefit of a design. The assignment does not identify the design by application number. Which of the following, if produced, would nevertheless satisfy one of the statutory conditions under Section 8(3)?

a. A certificate issued by the Patent Office

b. An acknowledgment by the assignor that the assignment relates to the design in respect of which the application is made

c. An affidavit by the claimant alone

d. A declaration by the examiner

 

70. Under Section 8(3), where an assignment or agreement does not identify the design by reference to the application number, the Controller may still give a direction if:

a. The rights of the claimant in respect of the design have been finally established by the decision of a court

b. The claimant has commercially exploited the design

c. The design has been published

d. The applicant has paid the prescribed fee

 

71. Which of the following is also a circumstance under Section 8(3) in which the Controller may give a direction regarding an assignment or agreement?

a. The Controller gives directions for enabling the application to proceed or for regulating the manner in which it should be proceeded with under sub-section (5)

b. The claimant has filed an appeal before the High Court

c. The assignment is oral but admitted by both parties

d. The design has already been registered

 

72. One of two joint applicants dies before the design is registered. The surviving applicant requests that the application should proceed in his name alone. Under Section 8(4), the Controller may so direct:

a. Automatically upon the death of the joint applicant

b. Only with the consent of the legal representative of the deceased and upon the request of the survivor or survivors

c. Only after obtaining approval from the Central Government

d. Only after the design is registered

 

73. A dispute arises between joint applicants regarding the manner in which an application for registration of a design should proceed. Under Section 8(5), the Controller may exercise his powers:

a. Suo motu without any application

b. Only upon an application made in the prescribed manner by any of the parties

c. Only upon a reference by the Central Government

d. Only after registration of the design

 

74. Before issuing directions under Section 8(5) in a dispute between joint applicants, the Controller is required to:

a. Obtain the approval of the High Court

b. Decide the matter on the basis of written pleadings alone

c. Give all parties concerned an opportunity to be heard

d. Refer the dispute to arbitration

 

75. Which of the following statements is correct under Section 8?

a. In a dispute between joint applicants, the Controller may only dismiss the application.

b. The Controller may decide a dispute between joint applicants without hearing the parties.

c. Upon an application made in the prescribed manner and after giving all parties concerned an opportunity of being heard, the Controller may direct that the application proceed in the name of one or more of the parties alone, regulate the manner in which it should proceed, or do both.

d. A dispute between joint applicants can be decided only by the High Court.

 

76. Section 9 of the Designs Act, 2000 deals with:

a. Certificate of registration

b. Publication of registered designs

c. Restoration of lapsed designs

d. Cancellation of registration

 

77. A design has been duly registered under the Designs Act, 2000. Under Section 9(1), the Controller:

a. May grant a certificate of registration at his discretion

b. Shall grant a certificate of registration to the proprietor of the design

c. Shall grant the certificate only upon a separate application by the proprietor

d. Shall grant the certificate only after publication of the design

 

78. The original certificate of registration has been lost by the proprietor. Under Section 9(2), the Controller:

a. Has no power to issue another certificate

b. May furnish one or more copies of the certificate

c. May issue a fresh certificate only with the approval of the High Court

d. May issue only a single duplicate certificate

 

79. Which of the following statements is correct under Section 9?

a. The Controller may furnish copies of the certificate only when the original certificate is lost.

b. A certificate of registration is issued only upon payment of an additional prescribed fee after registration.

c. Upon registration of a design, the Controller shall grant a certificate of registration to the proprietor, and may furnish one or more copies of the certificate in case of loss of the original certificate or in any other case in which he deems it expedient.

d. The Controller has no discretion regarding the issue of copies of the certificate.

 

80. Section 10 of the Designs Act, 2000 deals with:

a. Register of designs

b. Certificate of registration

c. Restoration of lapsed designs

d. Inspection of registered designs

 

81. Under Section 10(1), the register of designs shall be kept:

a. In the office of the Central Government

b. In the High Court

c. At the patent office

d. At the office of the Controller-General only

 

82. Which of the following is specifically required to be entered in the register of designs under Section 10(1)?

a. Names and addresses of proprietors of registered designs, notifications of assignments and transmissions of registered designs, and such other matters as may be prescribed

b. Every application for registration, whether accepted or rejected

c. Annual reports of the Controller

d. Details of all pending appeals before the High Court

 

83. The Controller proposes to maintain the register of designs in electronic form. Under Section 10(1), this is:

a. Impermissible since the register must be maintained only in a physical book

b. Permissible only if Parliament approves

c. Permissible, as the register may be maintained wholly or partly on computer, floppies or diskettes, subject to the prescribed safeguards

d. Permissible only in respect of notifications of assignments

 

84. The register of designs is maintained partly on computer and partly in physical form. Under Section 10(2), a reference in the Act to an entry in the register:

a. Refers only to entries made in the physical register

b. Refers only to entries maintained on computer if the physical register is discontinued

c. Includes an entry maintained on computer, floppies or diskettes

d. Excludes entries maintained electronically

 

85. What is the status of the register of designs existing at the commencement of the Designs Act, 2000?

a. It stands abolished automatically.

b. It continues separately from the register under the Act.

c. It is incorporated with and forms part of the register of designs under the Act.

d. It remains valid only until new registrations are made.

 

86. In proceedings under the Designs Act, a party relies upon an entry in the register of designs to establish a fact required or authorized by the Act to be entered therein. Under Section 10(4), the register:

a. Is conclusive evidence of such matter

b. Is inadmissible unless corroborated

c. Is prima facie evidence of such matter

d. Is relevant only if maintained in physical form

 

87. Which of the following statements is correct under Section 10?

a. The register of designs can be maintained only in physical form.

b. Entries maintained electronically are not recognized as entries in the register.

c. The register of designs existing at the commencement of the Act stands repealed and replaced by a new register.

d. The register of designs is kept at the patent office, may be maintained wholly or partly in electronic form subject to prescribed safeguards, and is prima facie evidence of matters directed or authorized by the Act to be entered therein.

 

88. A design has been duly registered under the Designs Act, 2000. Subject to the provisions of the Act, the registered proprietor shall have copyright in the design:

a. For five years from the date of registration

b. For ten years from the date of registration

c. For ten years from the date of publication of the design

d. Until the design is commercially exploited

 

89. The registered proprietor seeks extension of the copyright in a registered design. Under Section 11(2), the Controller shall extend the copyright for a second period of five years only if:

a. The application is made after expiry of ten years without any fee

b. The application is made before the expiry of the original ten-year period, in the prescribed manner, and the prescribed fee is paid

c. The proprietor proves commercial use of the design during the first ten years

d. The High Court grants prior approval

 

90. Which of the following statements is correct under Section 11?

a. Copyright in a registered design subsists for fifteen years automatically from the date of registration.

b. The Controller has no power to extend the period of copyright.

c. Upon registration, the registered proprietor has copyright in the design for ten years from the date of registration, and on an application made before the expiry of that period in the prescribed manner and on payment of the prescribed fee, the Controller shall extend it for a second period of five years from the expiration of the original period.

d. Copyright in a registered design commences from the date of publication of the design.

 

91. Section 12 of the Designs Act, 2000 deals with:

a. Restoration of lapsed designs

b. Extension of copyright

c. Cancellation of registration

d. Piracy of registered designs

 

92. A registered design has ceased to have effect because the prescribed fee for extension of copyright under Section 11(2) was not paid. Under Section 12(1), who may apply for restoration of the design?

a. Any interested person

b. Only the Controller

c. The proprietor or his legal representative, and where the design was jointly held, one or more joint proprietors with the leave of the Controller without joining the others

d. Only all the joint proprietors acting together

 

93. A proprietor seeks restoration of a design that has ceased to have effect for non-payment of the extension fee. Under Section 12(1), the application for restoration must be made:

a. Within six months from the date on which the design ceased to have effect

b. Within one year from the date on which the design ceased to have effect, in the prescribed manner and on payment of the prescribed fee

c. At any time before expiry of fifteen years from registration

d. Within two years from the date of cessation of the design

 

94. A design was jointly held by three proprietors and has lapsed for non-payment of the extension fee. One joint proprietor alone wishes to apply for restoration. Under Section 12(1):

a. He cannot apply unless all the joint proprietors join the application

b. He may apply only after obtaining a court order

c. He may, with the leave of the Controller, apply without joining the other joint proprietors

d. Only the legal representative of all joint proprietors may apply

 

95. An application for restoration under Section 12 does not disclose the reasons for failure to pay the prescribed extension fee. Which of the following correctly states the statutory requirement?

a. No statement is required if the prescribed fee for restoration has been paid.

b. The application must contain a statement, verified in the prescribed manner, fully setting out the circumstances that led to the failure to pay the prescribed fee.

c. The reasons may be furnished orally before the Controller.

d. The statement is required only if demanded by the Controller.

 

96. During the consideration of an application for restoration of a lapsed design, the Controller is not satisfied with the material placed on record. Under Section 12(2), the Controller:

a. Must reject the application immediately

b. May require from the applicant such further evidence as he thinks necessary

c. Must refer the matter to the High Court

d. May restore the design without calling for any further material

 

97. Which of the following statements is correct under Section 12?

a. A design that has lapsed for non-payment of the extension fee can never be restored.

b. An application for restoration may be made at any time before the expiry of the copyright period.

c. An application for restoration must contain a statement verified in the prescribed manner fully setting out the circumstances leading to the failure to pay the prescribed fee, and the Controller may require such further evidence as he thinks necessary.

d. In the case of joint proprietors, restoration can be sought only by all of them acting jointly.

 

98. Section 13 of the Designs Act, 2000 deals with:

a. Procedure for disposal of applications for restoration of lapsed designs

b. Restoration of lapsed designs

c. Copyright on registration

d. Register of designs

 

99. An applicant for restoration of a lapsed design requests an opportunity of being heard before the Controller decides the application. Under Section 13(1):

a. The Controller has no power to hear the applicant.

b. The Controller shall hear the applicant only if directed by the High Court.

c. The Controller shall hear the applicant where the applicant so desires or where the Controller thinks fit.

d. The Controller may hear only the legal representative of the applicant.

 

100. Before restoring the registration of a lapsed design under Section 13(1), the Controller must be satisfied that:

a. The failure to pay the extension fee was due to financial hardship alone.

b. The failure to pay the extension fee was unintentional and there has been no undue delay in making the application.

c. The design has been commercially exploited after lapse.

d. The proprietor has obtained the consent of all interested persons.

 

101. The Controller is satisfied that the failure to pay the extension fee was unintentional and that there has been no undue delay in making the application. Before restoring the registration, the applicant must:

a. Pay only the prescribed additional fee.

b. Pay only the unpaid extension fee.

c. Pay the unpaid fee for extension of the period of copyright together with the prescribed additional fee.

d. Pay such fee as the Controller may determine without reference to the Act.

 

102. While restoring a lapsed design, the Controller notices that a document required by the Act to be entered in the register has not been entered. Under Section 13(2), the Controller:

a. Must restore the design without imposing any condition.

b. May, as a condition of restoration, require that the relevant entry be made in the register.

c. May cancel the registration permanently.

d. Must refer the matter to the High Court.

 

103. Which of the following statements is correct under Section 13?

a. Once an application for restoration is filed, the Controller is bound to restore the registration irrespective of the reasons for non-payment.

b. The Controller may restore the registration only after the unpaid extension fee and the prescribed additional fee are paid, and may impose as a condition of restoration that any document or matter required to be entered in the register be so entered.

c. The Controller has no power to hear the applicant before deciding the application.

d. The Controller cannot impose any condition while restoring a lapsed design.

 

104. Section 14 of the Designs Act, 2000 deals with:

a. Rights of proprietor of lapsed design which have been restored

b. Restoration of lapsed designs

c. Copyright on registration

d. Piracy of registered designs

 

105. The registration of a lapsed design has been restored. During the period when the registration had ceased to have effect, X had begun applying the design to his articles. Under Section 14(1), the restored rights of the registered proprietor:

a. Override all rights acquired by X during the period of lapse

b. Are absolute and cannot be made subject to any conditions

c. Are subject to such prescribed provisions and such other provisions as the Controller thinks fit to impose for the protection or compensation of persons like X

d. Can be enforced against X only after obtaining leave of the High Court

 

106. A person had not actually begun using the design during the period of lapse but had taken definite steps by contract to avail himself of the benefit of applying the design. Under Section 14(1), the Controller may impose provisions for the:

a. Automatic cancellation of such contracts

b. Protection or compensation of such person

c. Extension of the copyright period

d. Transfer of the restored registration to such person

 

107. A registered design ceased to have effect on 1st January and its registration was restored on 1st July. The proprietor files a suit for piracy committed on 1st March of the same year. Under Section 14(2):

a. The suit is maintainable because the design has been restored.

b. The suit is maintainable only with the Controller's permission.

c. No suit or other proceeding shall be commenced in respect of piracy or infringement committed during the period between cessation of the registration and its restoration.

d. The suit is maintainable only if the piracy was intentional.

 

108. Which of the following statements is correct under Section 14?

a. Restoration of registration revives an unrestricted right to sue for every act of piracy committed during the period of lapse.

b. The Controller has no power to impose conditions while restoring the rights of the proprietor.

c. Upon restoration, the rights of the registered proprietor are subject to prescribed provisions and such other provisions as the Controller thinks fit for the protection or compensation of persons who began, or took definite steps to begin, availing themselves of the design during the period of lapse, and no suit or other proceeding lies in respect of piracy or infringement committed during that period.

d. Only persons who had actually applied the design, and not those who had taken definite contractual steps to do so, are protected.

 

109. Section 15 of the Designs Act, 2000 deals with:

a. Requirements before delivery on sales

b. Copyright on registration

c. Piracy of registered designs

d. Inspection of registered designs

 

110. Before delivery on sale of articles to which a registered design has been applied, exact representations or specimens of the design were not furnished with the application for registration. Under Section 15(1)(a), the proprietor is required to:

a. Furnish the prescribed number of exact representations or specimens of the design to the Controller

b. Publish the design in a newspaper

c. Obtain approval from the Central Government

d. Submit the representations to the High Court

 

111. The proprietor fails to furnish the prescribed number of exact representations or specimens as required under Section 15(1)(a). After giving notice to the proprietor, the Controller may:

a. Impose only a monetary penalty

b. Suspend the copyright for six months

c. Erase the proprietor's name from the register, whereupon the copyright in the design shall cease

d. Cancel the registration only after obtaining approval from the Central Government

 

112. Before delivery on sale of articles to which a registered design has been applied, the proprietor is required under Section 15(1)(b) to:

a. Obtain a fresh certificate of registration

b. Cause each such article to be marked with the prescribed mark or with the prescribed words or figures denoting that the design is registered

c. File a declaration before the Controller

d. Publish the design in the Official Gazette

 

113. A registered proprietor fails to mark articles with the prescribed mark or words denoting that the design is registered. Subsequently, the proprietor files a suit claiming damages for infringement. Under Section 15(1)(b), the proprietor:

a. Is always entitled to recover damages

b. Is not entitled to recover any penalty or damages unless he proves that he took all proper steps to ensure marking of the articles or that the infringement occurred after the infringer knew or had received notice of the existence of the copyright

c. Can recover damages only if the articles were exported

d. Automatically loses the copyright in the design

 

114. A trade association represents to the Central Government that the statutory marking requirements should be relaxed for a particular class of articles. Under Section 15(2), the Central Government may:

a. Amend the Act by notification

b. By rule under the Act, dispense with or modify the marking requirements for that class or description of articles to such extent and subject to such conditions as it thinks fit

c. Exempt only individual proprietors from the marking requirements

d. Direct the Controller to ignore the marking requirements in every case

 

115. Which of the following statements is correct under Section 15?

a. Failure to furnish exact representations or specimens where required results in automatic cessation of copyright without notice.

b. Failure to mark articles always bars recovery of damages, irrespective of the proprietor's conduct or the infringer's knowledge.

c. The Central Government has no power to relax the statutory marking requirements.

d. Where exact representations or specimens were not furnished with the application, the proprietor must furnish the prescribed number to the Controller before delivery on sale, failing which, after notice, the Controller may erase the proprietor's name from the register and the copyright shall cease; further, failure to mark articles affects the recovery of penalty or damages subject to the statutory exceptions.

 

116. Section 16 of the Designs Act, 2000 deals with:

a. Effect of disclosure on copyright

b. Requirements before delivery on sale

c. Copyright on registration

d. Restoration of lapsed designs

 

117. A proprietor confidentially discloses a new design to a manufacturer under circumstances imposing an obligation of good faith. The manufacturer is expected not to use or publish the design. If the design is subsequently registered, such disclosure under Section 16:

a. Is deemed to be prior publication invalidating the copyright

b. Is not deemed to be a publication sufficient to invalidate the copyright

c. Prevents the design from being registered

d. Is valid only if the disclosure was made to the Controller

 

118. X, having received a design in confidence from its proprietor, publishes it in breach of good faith before registration. The design is subsequently registered. Under Section 16:

a. The publication necessarily invalidates the copyright

b. The publication is treated as authorized publication by the proprietor

c. The disclosure in breach of good faith is not deemed to be a publication sufficient to invalidate the copyright

d. The design can be registered only with the permission of the High Court

 

119. A textile manufacturer accepts the first confidential order for articles bearing a new and original textile design intended for registration. The design is subsequently registered. Under Section 16, the acceptance of such order:

a. Constitutes prior publication invalidating the copyright

b. Is deemed to amount to commercial publication

c. Is not deemed to be a publication sufficient to invalidate the copyright

d. Prevents registration unless the order is cancelled

 

120. Which of the following statements is correct under Section 16?

a. Every disclosure of a design before registration amounts to publication sufficient to invalidate the copyright.

b. Acceptance of the first confidential order for articles bearing a new or original textile design intended for registration is deemed to be publication.

c. Disclosure of a design by the proprietor in circumstances importing good faith, disclosure in breach of such good faith by another person, and acceptance of a first confidential order for articles bearing a new or original textile design intended for registration are not deemed to be publications sufficient to invalidate the copyright, provided registration is subsequently obtained.

d. Disclosure in breach of good faith by another person is treated as disclosure by the proprietor.

 

121. Section 17 of the Designs Act, 2000 deals with:

a. Inspection of registered designs

b. Effect of disclosure on copyright

c. Register of designs

d. Piracy of registered designs

 

122. During the existence of copyright in a registered design, a person seeks to inspect the design. Under Section 17(1), inspection is permissible if the person:

a. Establishes a proprietary interest in the design

b. Furnishes such information as may enable the Controller to identify the design and pays the prescribed fee

c. Obtains the consent of the registered proprietor

d. Secures permission from the High Court

 

123. A person applies to obtain a certified copy of a registered design. Under Section 17(2), such copy may be obtained:

a. Only by the registered proprietor

b. Only during the subsistence of copyright in the design

c. By any person on an application to the Controller and payment of the prescribed fee

d. Only with the consent of the registered proprietor

 

124. Which of the following statements is correct under Section 17?

a. Inspection of a registered design during the subsistence of copyright requires the consent of the registered proprietor.

b. Only the proprietor of a registered design may obtain a certified copy of the design.

c. During the existence of copyright in a design, any person may inspect the design by furnishing information sufficient to enable the Controller to identify it and on payment of the prescribed fee in the prescribed manner; further, any person may obtain a certified copy of a registered design by applying to the Controller and paying the prescribed fee.

d. Inspection of a registered design is permissible only after the expiry of copyright.

 

125. Section 18 of the Designs Act, 2000 deals with:

a. Information as to existence of copyright

b. Inspection of registered designs

c. Register of designs

d. Publication of registered designs

 

126. A person wishes to ascertain whether copyright in a particular registered design still subsists. Under Section 18, the Controller shall furnish such information if the person:

a. Obtains the consent of the registered proprietor

b. Furnishes information enabling the Controller to identify the design and pays the prescribed fee

c. Establishes a legal interest in the design

d. Files an application before the High Court

 

127. On a valid request under Section 18, if the registration in respect of a design still exists, which of the following is the Controller required to state?

a. Only the name of the registered proprietor

b. Only the date of registration

c. The classes of articles in respect of which the registration exists, the date of registration, and the name and address of the registered proprietor

d. The commercial value of the design and the date of its first use

 

128. Which of the following statements is correct under Section 18?

a. The Controller may refuse to disclose whether a registration still exists even after the prescribed fee is paid.

b. The Controller is required to disclose only the date of registration and no other particulars.

c. Information regarding the existence of copyright can be obtained only by the registered proprietor.

d. On the request of any person who furnishes information sufficient to identify the design and pays the prescribed fee, the Controller shall inform the person whether the registration still exists and, if so, the classes of articles, the date of registration, and the name and address of the registered proprietor.

 

129. Section 19 of the Designs Act, 2000 deals with:

a. Cancellation of registration

b. Restoration of lapsed designs

c. Piracy of registered designs

d. Copyright on registration

 

130. A person seeks cancellation of the registration of a design. Under Section 19(1), who is entitled to present such a petition before the Controller?

a. Only the registered proprietor

b. Any person interested

c. Only the Central Government

d. Only a person whose application for registration has been refused

 

131. A registered design is discovered to have been previously registered in India. Under Section 19(1), this:

a. Is not a ground for cancellation

b. Is a ground for cancellation of the registration

c. Is relevant only if the previous registration was by the same proprietor

d. Can be considered only by the High Court

 

132. A design had been published in another country before the date of its registration in India. Under Section 19(1):

a. Prior publication outside India is irrelevant

b. It is a ground for cancellation of the registration

c. Cancellation is possible only if publication occurred in India

d. The registration remains valid if the proprietor acted in good faith

 

133. A petition alleges that the registered design lacks novelty and originality. Under Section 19(1):

a. This is not a permissible ground for cancellation

b. Cancellation can be sought only if the design has also been previously registered

c. The design not being new or original is an independent ground for cancellation

d. Such objection can be raised only before registration

 

134. Which of the following is an independent ground for cancellation under Section 19(1)?

a. The design is not registrable under the Act

b. The proprietor failed to mark the articles

c. The proprietor failed to obtain a certificate of registration

d. The copyright has expired

 

135. A petition alleges that the subject matter registered is not a "design" within the meaning of clause (d) of Section 2. Under Section 19(1):

a. This is not a statutory ground for cancellation

b. It is a valid ground for cancellation

c. It can be raised only before registration

d. It may be considered only by the High Court in the first instance

 

136. The Controller passes an order on a petition for cancellation under Section 19. The aggrieved party wishes to challenge the order. Under Section 19(2), the appeal lies to:

a. The Central Government

b. The Commercial Court

c. The High Court

d. The Supreme Court

 

137. While a petition for cancellation is pending before the Controller, he considers that it should be decided by the High Court. Under Section 19(2):

a. The Controller has no power to transfer the matter

b. The Controller may at any time refer the petition to the High Court, which shall decide it

c. The Controller may refer the petition only with the consent of the parties

d. The Controller may refer only questions of law to the High Court

 

138. Which of the following statements is correct under Section 19?

a. A petition for cancellation can be presented only by the registered proprietor.

b. Publication of the design in another country before its registration is not a ground for cancellation.

c. Every petition for cancellation must be decided by the Controller and cannot be referred to the High Court.

d. Any person interested may, at any time after registration, present a petition for cancellation on any of the grounds specified in Section 19(1), and an appeal from the Controller's order lies to the High Court, to which the Controller may also refer the petition for decision.

 

139. Section 20 of the Designs Act, 2000 deals with:

a. Designs to bind Government

b. Government acquisition of designs

c. Cancellation of registration

d. Piracy of registered designs

 

140. A registered proprietor alleges infringement of a registered design by the Government. Under Section 20, the registered design:

a. Has effect only against private persons and not against the Government

b. Has the like effect against the Government as it has against any person

c. Is enforceable against the Government only with the prior sanction of the Central Government

d. Does not bind the Government unless specifically notified

 

141. In relation to registered designs, Section 20 provides that the provisions of Chapter XVII of the Patents Act, 1970 shall:

a. Apply only where the Central Government so directs

b. Apply only to disputes involving Government departments

c. Apply to registered designs in the same manner as they apply to patents

d. Not apply to registered designs

 

142. Which of the following statements is correct under Section 20?

a. A registered design has no effect against the Government unless expressly accepted by it.

b. The provisions of Chapter XVII of the Patents Act, 1970 apply to registered designs only with suitable modifications notified by the Central Government.

c. A registered design has, to all intents, the like effect against the Government as it has against any person, and the provisions of Chapter XVII of the Patents Act, 1970 apply to registered designs as they apply to patents.

d. The Government is exempt from the operation of all provisions relating to registered designs.

 

143. Section 21 of the Designs Act, 2000 deals with:

a. Provisions as to exhibitions

b. Effect of disclosure on copyright

c. Inspection of registered designs

d. Cancellation of registration

 

144. A proprietor exhibits a new design at an industrial exhibition to which Section 21 has been extended by the Central Government by notification in the Official Gazette. During the exhibition, a description of the design is published. Subject to compliance with the proviso, such exhibition or publication:

a. Automatically invalidates any subsequent registration

b. Prevents the design from being registered

c. Does not prevent the design from being registered or invalidate its registration

d. Requires prior approval of the High Court for registration

 

145. During the period of such exhibition, a third person, without the privity or consent of the proprietor, exhibits the design elsewhere and publishes its description. Subject to the proviso to Section 21:

a. The design cannot thereafter be registered

b. Such exhibition or publication does not prevent registration or invalidate the registration of the design

c. Registration is possible only if the third person withdraws the publication

d. The Controller must refuse registration

 

146. Which of the following statements is correct under Section 21?

a. Exhibition of a design at any exhibition automatically protects it from the consequences of publication, irrespective of compliance with any conditions.

b. The benefit of Section 21 is available only if the application for registration is made within one year from the first exhibition.

c. Exhibition of a design or article, or publication of a description of the design, at an exhibition to which Section 21 applies, or certain exhibitions or publications elsewhere without the proprietor's privity or consent, shall not prevent registration or invalidate it, provided previous notice in the prescribed form is given to the Controller by the exhibitor and the application for registration is made within six months from the date of first exhibition or publication.

d. Previous notice to the Controller is unnecessary if the design is exhibited at an industrial exhibition.

 

147. Section 22 of the Designs Act, 2000 deals with:

a. Piracy of registered design

b. Cancellation of registration

c. Copyright on registration

d. Government use of designs

 

148. During the subsistence of copyright in a registered design, X, without the license or written consent of the registered proprietor, applies the design or its obvious imitation to articles in the registered class for the purpose of sale. Under Section 22(1), X:

a. Acts lawfully if the articles are not actually sold.

b. Contravenes Section 22.

c. Commits no contravention unless the design is an exact copy.

d. Is liable only if the proprietor proves actual loss.

 

149. X manufactures moulds intended to enable a registered design to be applied to articles for sale without the written consent of the registered proprietor. Under Section 22(1)(a), X:

a. Does not contravene the Act until the design is actually applied.

b. Contravenes the Act because doing anything with a view to enable the design to be so applied is prohibited.

c. Is liable only if the moulds are exported.

d. Is exempt if the design is only an obvious imitation.

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