Download The Designs Act 2000 MCQs Set- 2 PDF 

 

1. A trader imports, for the purpose of sale, articles belonging to the class in which a design is registered, the articles bearing the registered design without the consent of the registered proprietor. Under Section 22(1)(b):

a. There is no contravention because the articles were manufactured outside India.

b. The import amounts to piracy of the registered design.

c. Liability arises only after the articles are sold.

d. Liability arises only if the importer himself applied the design.

 

2. X knows that articles bearing a registered design were produced without the consent of the registered proprietor. X nevertheless exposes those articles for sale. Under Section 22(1)(c), X:

a. Does not incur liability because he did not apply the design.

b. Contravenes the Act by publishing or exposing the articles for sale with the requisite knowledge.

c. Is liable only if the articles are actually sold.

d. Is liable only where the design is an exact copy.

 

3. A registered proprietor elects not to file a suit but seeks the statutory monetary remedy under Section 22(2)(a). For each contravention, the infringer may be directed to pay:

a. A sum not exceeding ₹10,000.

b. A sum not exceeding ₹25,000 recoverable as a contract debt.

c. A fixed sum of ₹25,000.

d. Any amount without statutory limit.

 

4. A proprietor chooses to institute a suit under Section 22(2)(b). The relief that may be granted includes:

a. Only an injunction.

b. Only damages.

c. Damages as may be awarded and an injunction against repetition of the contravention.

d. Criminal punishment in addition to damages.

 

5. Several contraventions relating to the same registered design are committed, and the proprietor seeks recovery under Section 22(2)(a). Under the first proviso, the total sum recoverable in respect of that one design shall not exceed:

a. ₹25,000

b. ₹50,000

c. ₹75,000

d. ₹1,00,000

 

6. A suit seeking relief under Section 22(2) is proposed to be instituted before the Court of a Civil Judge (Senior Division). Under the second proviso to Section 22(2):

a. The suit is maintainable.

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

c. No suit or other proceeding for relief under Section 22(2) shall be instituted in any court below the court of District Judge.

d. The suit must be filed only before the High Court.

 

7. In a suit for piracy of a registered design under Section 22(2), the defendant contends that the design was not registrable under the Act. Under Section 22(3):

a. Such plea is irrelevant in a piracy suit.

b. Only prior registration in India may be pleaded as a defence.

c. Every ground on which the registration of a design may be cancelled under Section 19 is available as a ground of defence.

d. The defendant must first obtain cancellation of the registration before raising such a defence.

 

8. Which of the following statements is correct under Section 22?

a. Importing for sale articles bearing a registered design without the consent of the registered proprietor is not prohibited.

b. A person who knowingly exposes for sale articles bearing an unauthorized application of a registered design incurs no liability if he did not himself apply the design.

c. In a suit or other proceeding under Section 22(2), every ground on which the registration of a design may be cancelled under Section 19 is available as a ground of defence.

d. Relief under Section 22(2) may be instituted before any civil court having pecuniary jurisdiction.

 

9. In a suit for piracy under Section 22(2), the defendant raises, as a ground of defence, that the registration of the design is liable to be cancelled under Section 19. Under Section 22(4), the court in which the suit is pending shall:

a. Decide the defence itself irrespective of its jurisdiction

b. Stay the suit indefinitely until the Controller decides the issue

c. Transfer the suit or other proceeding to the High Court for decision

d. Dismiss the suit as not maintainable

 

10. A District Judge is hearing a suit under Section 22(2). During the proceedings, the defendant relies upon a ground available under Section 19 for cancellation of the design. Which of the following is the correct legal consequence under Section 22(4)?

a. The District Judge shall continue to decide the suit on merits.

b. The Controller shall decide the cancellation issue while the District Judge retains the suit.

c. The pending suit or other proceeding shall be transferred by the court to the High Court for decision, notwithstanding the second proviso to Section 22(2).

d. The defence is barred because cancellation can be sought only by a separate petition.

 

11. Which of the following statements is correct under Section 22?

a. Where a Section 19 ground is raised as a defence under Section 22(3), the Controller must decide the suit for piracy.

b. After passing a decree in a suit under Section 22(2), the court shall send a copy of the decree to the Controller, who shall cause an entry thereof to be made in the register of designs.

c. A decree passed in a suit under Section 22(2) need not be communicated to the Controller.

d. Raising a ground under Section 19 as a defence results in automatic dismissal of the suit.

 

12. Section 23 of the Designs Act, 2000 deals with:

a. Application of certain provisions of the Patents Act, 1970 to designs

b. Piracy of registered designs

c. Cancellation of registration

d. Government use of registered designs

 

13. Under Section 23, which provisions of the Patents Act, 1970 are made applicable to registered designs?

a. Provisions relating to compulsory licences and revocation of patents

b. Provisions relating to certificates of the validity of a patent and the remedy in case of groundless threats of legal proceedings by a patentee

c. Provisions relating to patent applications and examinations

d. Provisions relating to surrender of patents

 

14. While applying the specified provisions of the Patents Act, 1970 to registered designs under Section 23, a reference to a "patent" shall be construed as a reference to:

a. Registration of a design

b. Copyright in a design

c. Certificate of registration

d. Industrial application of a design

 

15. Which of the following statements is correct under Section 23?

a. The specified provisions of the Patents Act, 1970 apply to registered designs without any modification.

b. Only the references to a patent are substituted, while references to the patentee and invention remain unchanged.

c. The provisions of the Patents Act, 1970 relating to certificates of validity of a patent and the remedy against groundless threats apply to registered designs with the substitution of references to the copyright in a design for a patent, the proprietor of a design for the patentee, and the design for the invention.

d. Section 23 applies all provisions of the Patents Act, 1970 to registered designs.

 

16. Section 24 of the Designs Act, 2000 deals with:

a. Fees

b. Register of designs

c. Inspection of registered designs

d. Controller and other officers

 

17. Under Section 24(1), fees are payable:

a. Only in respect of applications for registration of designs

b. Only in respect of registration of designs

c. In respect of registration of designs, applications therefor, and other matters relating to designs under the Act, as may be prescribed

d. Only where specifically directed by the Controller

 

18. An applicant files a proceeding under the Designs Act, 2000 but fails to pay the fee prescribed under the Act or the rules. Under Section 24(2), the proceeding:

a. Remains valid subject to payment of the fee at any later stage

b. Is of no effect unless the fee has been paid

c. Is automatically dismissed by the Controller

d. May proceed if the opposite party raises no objection

 

19. Which of the following statements is correct under Section 24?

a. Fees are payable only for the registration of designs and not for applications or other matters under the Act.

b. Non-payment of a prescribed fee merely renders the proceeding irregular but not ineffective.

c. The Controller may waive every fee prescribed under the Act.

d. Fees shall be paid in respect of registration of designs, applications therefor and other matters relating to designs as may be prescribed, and any proceeding for which a fee is payable under the Act or the rules is of no effect unless the fee has been paid.

 

20. Section 25 of the Designs Act, 2000 deals with:

a. Notice of trust not to be entered in registers

b. Inspection of registers

c. Assignment of registered designs

d. Rectification of the register

 

21. A beneficiary under an express trust requests the Controller to enter a notice of such trust in the register maintained under the Designs Act, 2000. Under Section 25, the Controller:

a. Shall enter the notice if the trust deed is duly registered

b. May enter the notice after giving notice to the registered proprietor

c. Shall not enter such notice in any register kept under the Act

d. May enter the notice if directed by the Central Government

 

22. A person seeks to lodge with the Controller a notice of a constructive trust relating to a registered design. Under Section 25:

a. The Controller may receive the notice even if it is not entered in the register

b. The Controller shall receive the notice but keep it separately from the register

c. The Controller shall neither receive such notice nor permit its entry in any register kept under the Act

d. The Controller shall receive the notice only if all interested parties consent

 

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

a. Only notices of implied trusts are prohibited from being entered in the register.

b. Notices of express trusts may be entered, but notices of constructive trusts cannot.

c. The Controller may receive notices of trust even though they are not entered in the register.

d. No notice of any trust, whether express, implied or constructive, shall be entered in any register kept under the Act or be receivable by the Controller.

 

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

a. Inspection of and extracts from registers

b. Register of designs

c. Inspection of registered designs

d. Certified copies of designs

 

25. A member of the public seeks to inspect a register maintained under the Designs Act, 2000. Under Section 26, such register:

a. May be inspected only by the registered proprietor

b. Shall, subject to the provisions of the Act, be open to the inspection of the public at all convenient times

c. May be inspected only with the Controller's special permission

d. Shall be open for inspection only after payment of the prescribed fee

 

26. A person requires a certified copy of an entry in a register maintained under the Designs Act. Under Section 26, such copy:

a. Shall be supplied free of cost

b. Shall be given only to the registered proprietor

c. Shall be given, sealed with the seal of the patent office, on payment of the prescribed fee

d. Shall be issued only with the approval of the Central Government

 

27. The register under the Designs Act is maintained partly on computer. Under the proviso to Section 26, inspection of the register shall be made by:

a. Inspecting only the original physical register

b. Inspecting the computer printout of the relevant entry maintained on computer

c. Inspecting the electronic database directly

d. Obtaining a certified copy of the entire register

 

28. Which of the following statements is correct under Section 26?

a. Registers maintained under the Act are not open to public inspection.

b. Certified copies of register entries may be issued without the seal of the patent office.

c. Where a register is maintained wholly or partly on computer, inspection shall be made by inspecting the computer printout of the relevant entry, and certified copies of entries, sealed with the seal of the patent office, shall be given on payment of the prescribed fee.

d. Inspection of registers maintained on computer is permissible only with the prior approval of the Controller.

 

29. Section 27 of the Designs Act, 2000 deals with:

a. Privilege of reports of Controller

b. Inspection of and extracts from registers

c. Reports of examiners

d. Evidence of entries in the register

 

30. A person seeks inspection of a report made to the Controller under the Designs Act, 2000. Under Section 27, such report:

a. Shall be open to public inspection upon payment of the prescribed fee

b. May be published if the Controller so permits

c. Shall not, in any case, be published or be open to public inspection, except the report referred to in Section 45

d. Shall be open to inspection only by the registered proprietor

 

31. Which of the following statements is correct under Section 27?

a. Every report made under the Designs Act is open to public inspection.

b. Reports made to or by the Controller may be published with the approval of the Central Government.

c. Only reports made by the Controller are protected from publication, whereas reports made to the Controller are not.

d. Reports of or to the Controller made under the Designs Act, other than the report referred to in Section 45, shall not in any case be published or be open to public inspection.

 

32. Section 28 of the Designs Act, 2000 deals with:

a. Prohibition of publication of specification, drawings, etc., where application is abandoned or refused

b. Inspection of and extracts from registers

c. Privilege of reports of the Controller

d. Publication of registered designs

 

33. An application for registration of a design is refused. A third party seeks inspection of the application and the drawings filed with it. Under Section 28:

a. The documents are open to public inspection upon payment of the prescribed fee.

b. The Controller may permit inspection with the consent of the applicant.

c. The application and the accompanying drawings, photographs, tracings, representations or specimens shall not at any time be open to public inspection or be published by the Controller.

d. Only the drawings may be inspected, but not the application.

 

34. Which of the following statements is correct under Section 28?

a. Only abandoned applications are protected from publication, while refused applications may be published.

b. The Controller may publish drawings accompanying an abandoned application if the applicant does not object.

c. Where an application for a design has been abandoned or refused, the application and any drawings, photographs, tracings, representations or specimens left in connection with the application shall not at any time be open to public inspection or be published by the Controller.

d. The prohibition under Section 28 applies only until the expiry of the copyright period.

 

35. Section 29 of the Designs Act, 2000 deals with:

a. Power of Controller to correct clerical errors

b. Rectification of the register

c. Inspection of registers

d. Cancellation of registration

 

36. The proprietor of a registered design notices that his address has been incorrectly entered in the register of designs. Under Section 29, the Controller may correct the error:

a. Suo motu without any request

b. On a request in writing accompanied by the prescribed fee

c. Only upon an order of the High Court

d. Only after publication in the Official Gazette

 

37. Which of the following may be corrected by the Controller under Section 29?

a. Only a clerical error in the representation of a design

b. Only a clerical error in the name or address of the proprietor

c. Any clerical error in the representation of a design, the name or address of the proprietor, or any other matter entered upon the register of designs

d. Any substantive defect affecting the validity of registration

 

38. Which of the following statements is correct under Section 29?

a. The Controller may correct both clerical and substantive legal errors affecting the validity of registration.

b. The Controller may correct a clerical error only after obtaining the approval of the High Court.

c. The Controller may correct any clerical error in the representation of a design, the name or address of the proprietor, or any other matter entered upon the register of designs, on a written request accompanied by the prescribed fee.

d. The Controller may correct clerical errors only in the representation of a design and not in any other entry in the register.

 

39. Section 30 of the Designs Act, 2000 deals with:

a. Entry of assignments and transmissions in registers

b. Rectification of the register

c. Inspection of registers

d. Cancellation of registration

 

40. A person becomes entitled to the copyright in a registered design by assignment. Under Section 30(1), the Controller shall register him as the proprietor if:

a. The assignment is merely communicated orally.

b. An application in the prescribed form is made and the Controller is satisfied as to the proof of title.

c. The assignment is published in the Official Gazette.

d. The High Court directs the registration.

 

41. A person acquires only a mortgage interest in a registered design. Under Section 30(2), the Controller, upon being satisfied as to the proof of title:

a. Shall register him as the proprietor of the design.

b. Shall cancel the existing registration.

c. Shall enter notice of the interest in the register of designs together with particulars of the instrument, if any, creating such interest.

d. Shall refuse registration because a mortgage does not create any registrable interest.

 

42. An assignment of a registered design is executed orally between the parties. Under Section 30(3), such assignment:

a. Is valid if acted upon by the parties.

b. Is valid if subsequently admitted by both parties.

c. Is not valid unless it is in writing and embodied in an instrument containing all the terms and conditions governing the rights and obligations of the parties.

d. Is valid if the Controller is satisfied about its existence.

 

43. Under Section 30(3), an application for registration of title under an assignment, mortgage, licence or other instrument must ordinarily be filed:

a. Within three months from execution of the instrument.

b. Within six months from execution of the instrument.

c. Within one year from execution of the instrument.

d. At any time before institution of legal proceedings.

 

44. An assignee fails to apply for registration of title within six months from execution of the instrument. Under Section 30(3), the Controller may allow a further period:

a. Without any limit.

b. Not exceeding three months.

c. Not exceeding six months in the aggregate, on an application made in the prescribed manner.

d. Only with the approval of the High Court.

 

45. Particulars of an assignment are entered in the register under Section 30. Under the proviso to Section 30(3), the instrument takes effect:

a. From the date of entry in the register.

b. From the date on which the Controller approves the registration.

c. From the date of its execution.

d. From the date on which the prescribed fee is paid.

 

46. The registered proprietor wishes to assign and license a registered design. Under Section 30(4), the registered proprietor:

a. Has no power to grant licences.

b. May, subject to the Act and rights appearing from the register to be vested in others, absolutely assign, grant licences or otherwise deal with the design.

c. May deal with the design only after obtaining the Controller's prior approval.

d. May assign but cannot grant licences.

 

47. Which of the following correctly states the effect of the proviso to Section 30(4)?

a. Registration extinguishes all equitable rights in respect of the design.

b. Equities in respect of the design may be enforced in the same manner as in respect of any other movable property.

c. Equitable rights can be enforced only after cancellation of the registration.

d. Equitable rights are enforceable only before the Controller.

 

48. A party seeks to prove title to the copyright in a registered design by producing an assignment deed, but no entry regarding that instrument has been made in the register. The case is not covered by Section 31. Under Section 30(5):

a. The document is admissible in evidence in every case.

b. The document is inadmissible unless the Controller certifies it.

c. The document shall not be admitted in evidence unless the court, for reasons recorded in writing, otherwise directs.

d. The document is inadmissible only in criminal proceedings.

 

49. Which of the following statements is correct under Section 30?

a. An assignment of a registered design may validly be made orally.

b. Every person acquiring any interest in a registered design automatically becomes its registered proprietor.

c. An instrument relating to a registered design becomes effective only from the date of its registration in the register.

d. A person becoming entitled by assignment, transmission or operation of law may seek registration of title; assignments, mortgages, licences and similar interests must satisfy the statutory requirements of writing and timely registration; and, except in cases under Section 31, an unregistered instrument is generally inadmissible in evidence to prove title unless the court otherwise directs for recorded reasons.

 

50. Section 31 of the Designs Act, 2000 deals with:

a. Rectification of register

b. Cancellation of registration

c. Entry of assignments and transmissions in registers

d. Inspection of registers

 

51. A person's name has been wrongly omitted from the register of designs. Under Section 31(1), who may apply to the Controller for rectification?

a. Only the registered proprietor

b. Any person aggrieved

c. Only the Central Government

d. Only the High Court

 

52. Which of the following is NOT a ground on which an application for rectification may be made under Section 31(1)?

a. Non-insertion in the register of an entry

b. An entry made without sufficient cause

c. An entry wrongly remaining on the register

d. The design having been previously published in another country

 

53. Upon being satisfied under Section 31(1), the Controller may:

a. Cancel the registration of the design under Section 31 itself

b. Make such order for making, expunging or varying the entry as he thinks fit and rectify the register accordingly

c. Only correct clerical errors

d. Refer every application to the High Court without deciding it

 

54. During proceedings for rectification of the register, an ancillary legal issue arises that must be determined before the register can be rectified. Under Section 31(2), the Controller:

a. Cannot decide such issue

b. May decide any question necessary or expedient to decide in connection with the rectification of the register

c. Must refer the question to the Central Government

d. Must stay the proceedings until a civil court decides the issue

 

55. A party is aggrieved by an order of the Controller under Section 31. Under Section 31(3):

a. An appeal lies to the District Judge

b. An appeal lies to the High Court, and the Controller may also refer an application under this section to the High Court for decision

c. The Controller's order is final and not appealable

d. An appeal lies only to the Central Government

 

56. The High Court passes an order directing rectification of the register. Under Section 31(4), the Controller shall rectify the register:

a. Only after conducting a fresh inquiry

b. Upon receipt of notice of the rectification served in the prescribed manner

c. Only after obtaining the consent of the registered proprietor

d. Only after expiry of the limitation period for appeal

 

57. An applicant requests the Controller, in proceedings under Section 31, to cancel the registration of a design. Under Section 31(5), the Controller:

a. May cancel the registration if he considers it just

b. May cancel the registration only with the consent of the proprietor

c. Is not empowered under Section 31 to cancel the registration of a design as provided in Section 19

d. Must refer every such request to the Central Government

 

58. Which of the following statements is correct under Section 31?

a. The Controller may exercise the power of cancellation under Section 19 while acting under Section 31.

b. Rectification of the register is available only for clerical errors.

c. Every order of the High Court rectifying the register operates automatically without any notice to the Controller.

d. Any person aggrieved may seek rectification on the statutory grounds specified in Section 31(1); the Controller may decide questions necessary for rectification, appeals lie to the High Court, and nothing in Section 31 empowers the Controller to cancel the registration of a design under Section 19.

 

59. Section 32 of the Designs Act, 2000 deals with:

a. Powers of Controller in proceedings under the Act

b. Powers of the High Court

c. Rectification of the register

d. Evidence in design infringement suits

 

60. In proceedings under the Designs Act, 2000, a party requests the Controller to compel the production of certain documents relevant to the dispute. Under Section 32, the Controller:

a. Has no such power unless authorized by the High Court

b. Has the powers of a civil court for compelling the discovery and production of documents, subject to the rules made in this behalf

c. May only request voluntary production of documents

d. May compel production only in cancellation proceedings

 

61. During proceedings before the Controller under the Act, a witness refuses to appear despite being summoned. Under Section 32, the Controller has the power of a civil court for:

a. Issuing arrest warrants only

b. Enforcing the attendance of witnesses and issuing commissions for the examination of witnesses

c. Punishing the witness for contempt of court

d. Directly imprisoning the witness

 

62. The Controller awards costs in proceedings under the Designs Act. Under Section 32, such award:

a. Is merely recommendatory and cannot be enforced

b. Is enforceable only after confirmation by the High Court

c. Is executable in any court having jurisdiction as if it were a decree of that court

d. Can be executed only by the Controller

 

63. Which of the following statements is correct under Section 32?

a. The Controller has all the powers of a civil court for every purpose under the Code of Civil Procedure.

b. The Controller has no power to administer oaths or receive evidence.

c. Subject to the rules made in this behalf, the Controller has the powers of a civil court for specified purposes including receiving evidence, administering oaths, enforcing attendance of witnesses, compelling discovery and production of documents, issuing commissions for examination of witnesses and awarding costs, and such award is executable as if it were a decree of a court having jurisdiction.

d. The Controller may award costs, but such award is not executable as a decree.

 

64. Section 33 of the Designs Act, 2000 deals with:

a. Exercise of discretionary power by Controller

b. Powers of Controller in proceedings under the Act

c. Appeals to the High Court

d. Rectification of the register

 

65. The Controller proposes to exercise a discretionary power under the Designs Act in a manner adverse to an applicant for registration of a design. Under Section 33, before doing so, the Controller shall:

a. Obtain the approval of the Central Government

b. Give the applicant an opportunity of being heard, if the applicant so requires within the prescribed time

c. Refer the matter to the High Court

d. Publish a notice in the Official Gazette

 

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

a. The Controller is bound to grant an opportunity of hearing in every case before exercising a discretionary power.

b. The Controller may exercise a discretionary power adversely to an applicant without hearing him if the applicant fails to require such hearing within the prescribed time.

c. An opportunity of hearing can be granted only after an adverse order is passed.

d. Section 33 applies only to proceedings relating to cancellation of registration.

 

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

a. Power of Controller to take directions of the Central Government

b. Powers of Controller in proceedings under the Act

c. Appeals to the High Court

d. Rectification of the register

 

68. While administering the provisions of the Designs Act, the Controller encounters a doubt regarding the proper course of action. Under Section 34, the Controller:

a. Must decide the matter independently without seeking assistance

b. May apply to the Central Government for directions in the matter

c. Must refer the matter to the High Court

d. May seek directions only from the Controller-General

 

69. Which of the following statements is correct under Section 34?

a. The Controller may seek directions from the Central Government only in matters relating to registration of designs.

b. The Controller is bound to seek directions from the Central Government whenever any application is refused.

c. In any case of doubt or difficulty arising in the administration of any provision of the Act, the Controller may apply to the Central Government for directions in the matter.

d. The Central Government may issue directions to the Controller only upon an application made by an interested person.

 

70. Section 35 of the Designs Act, 2000 deals with:

a. Refusal to register a design in certain cases

b. Prohibition of registration of certain designs

c. Cancellation of registration

d. Exercise of discretionary power by the Controller

 

71. The Controller is of the opinion that the use of a design would be contrary to public order or morality. Under Section 35(1), the Controller:

a. Shall register the design subject to conditions

b. May refuse to register the design

c. Must refer the matter to the Central Government

d. May refuse registration only after obtaining the opinion of the High Court

 

72. An applicant is aggrieved by an order of the Controller refusing to register a design under Section 35. Under Section 35(2), the appeal lies to:

a. The District Judge

b. The Central Government

c. The High Court

d. The Appellate Tribunal

 

73. Which of the following statements is correct under Section 35?

a. The Controller is bound to register every design even if its use would be contrary to public order or morality.

b. A refusal under Section 35 is final and no appeal lies against it.

c. The Controller may refuse to register a design if, in his opinion, its use would be contrary to public order or morality, and an appeal from such order lies to the High Court.

d. Only the Central Government may refuse registration of a design on the ground of public order or morality.

 

74. Section 36 of the Designs Act, 2000 deals with:

a. Appeals to the High Court

b. Refusal to register a design in certain cases

c. Powers of the Controller

d. Rectification of the register

 

75. An appeal lies from the Controller to the High Court under the Designs Act. Under Section 36(1), the appeal must ordinarily be filed:

a. Within thirty days from the date of the order

b. Within sixty days from the date of the order

c. Within three months from the date of the order passed by the Controller

d. Within six months from the date of the order

 

76. While computing the period of limitation for filing an appeal under Section 36, the appellant spent time in obtaining a copy of the Controller's order. Under Section 36(2):

a. Such time is included in computing the limitation period.

b. Such time is excluded in computing the period of three months.

c. Only half of such time is excluded.

d. Such exclusion is available only with the permission of the High Court.

 

77. In deciding an appeal under the Designs Act, the High Court considers technical issues requiring specialized knowledge. Under Section 36(3), the High Court:

a. Must refer the appeal to the Controller.

b. May obtain the assistance of an expert, and its decision shall be final.

c. Is bound by the opinion of the expert.

d. May appoint an expert only with the consent of the parties.

 

78. Which of the following statements is correct under Section 36?

a. The High Court cannot frame rules governing proceedings under the Designs Act.

b. The decision of the High Court in an appeal under the Act is subject to further appeal before the Controller.

c. The High Court may make rules consistent with the Act regarding the conduct and procedure of all proceedings before it under the Act.

d. Time taken for obtaining a copy of the Controller's order is always included while computing the limitation period for appeal.

 

79. Section 37 of the Designs Act, 2000 deals with:

a. Evidence before the Controller

b. Powers of the Controller

c. Appeals to the High Court

d. Exercise of discretionary power by the Controller

 

80. In proceedings before the Controller under the Designs Act, 2000, the parties are required to adduce evidence. Under Section 37, subject to the rules made under Section 44, the evidence shall ordinarily be:

a. Oral evidence only

b. Documentary evidence only

c. By affidavit, unless the Controller directs otherwise

d. By commission only

 

81. During proceedings before the Controller, the Controller considers it appropriate to record oral testimony instead of relying exclusively on affidavits. Under Section 37, the Controller:

a. Has no such power once affidavits have been filed

b. May take evidence viva voce in lieu of or in addition to evidence by affidavit

c. May record oral evidence only with the consent of all parties

d. May do so only if directed by the High Court

 

82. A party files an affidavit before the Controller. The opposite party seeks permission to cross-examine the deponent. Under Section 37, the Controller:

a. Has no power to permit cross-examination on an affidavit

b. May allow any party to be cross-examined on the contents of his affidavit if he thinks it right to do so

c. Must invariably permit cross-examination in every case

d. May permit cross-examination only after obtaining the consent of the deponent

 

83. Which of the following statements is correct under Section 37?

a. Evidence before the Controller must always be oral.

b. Evidence before the Controller must always be by affidavit, and the Controller has no discretion to depart from that mode.

c. Subject to the rules made under Section 44, evidence before the Controller is ordinarily by affidavit; however, the Controller may direct otherwise, take evidence viva voce in lieu of or in addition to affidavit evidence, or permit cross-examination on the contents of an affidavit.

d. Cross-examination on an affidavit is permissible only before the High Court.

 

84. Section 38 of the Designs Act, 2000 deals with:

a. Certificate of Controller to be evidence

b. Evidence before the Controller

c. Register of designs

d. Inspection of registered designs

 

85. A certificate purporting to be under the hand of the Controller certifies that a particular entry has been made in the register. Under Section 38, such certificate:

a. Is conclusive evidence of the entry

b. Is prima facie evidence of the entry having been made and of its contents

c. Has no evidentiary value unless supported by the original register

d. Is admissible only if countersigned by the Central Government

 

86. A certificate under the hand of the Controller states that a particular act authorized by the Designs Act or the rules has not been performed. Under Section 38, the certificate is prima facie evidence:

a. Only of acts that have been done, not of acts left undone

b. Only of entries in the register

c. Of the matter or thing having been done or left undone

d. Only if issued pursuant to an order of the High Court

 

87. Which of the following statements is correct under Section 38?

a. A certificate issued by the Controller is conclusive evidence of every fact stated therein.

b. A certificate under the hand of the Controller is prima facie evidence only of entries in the register and not of their contents.

c. A certificate under the hand of the Controller regarding any entry, matter or thing which he is authorised by the Act or the rules to make or do is prima facie evidence of the entry having been made, its contents, and the matter or thing having been done or left undone.

d. A certificate issued by the Controller has evidentiary value only if the original register is simultaneously produced.

 

88. Section 39 of the Designs Act, 2000 deals with:

a. Evidence of documents in patent office

b. Certificate of Controller to be evidence

c. Evidence before the Controller

d. Inspection of registers

 

89. A party tenders in evidence a certified copy of a document kept in the patent office. The copy purports to be certified by the Controller and is sealed with the seal of the patent office. Under Section 39:

a. The copy is inadmissible unless the original document is also produced.

b. The copy shall be admitted in evidence without further proof or production of the original.

c. The copy is admissible only before the Controller.

d. The copy is admissible only if both parties consent.

 

90. A certified extract from the register of designs, certified by the Controller and sealed with the seal of the patent office, is produced before a civil court. Under Section 39, such extract:

a. Is admissible only after examination of the Controller as a witness.

b. Is admissible in all courts in India and in all proceedings without further proof or production of the original.

c. Is admissible only in proceedings under the Designs Act.

d. Is inadmissible unless accompanied by an affidavit.

 

91. A court entertains serious doubts regarding the authenticity of a certified copy produced under Section 39. Under the proviso, the court:

a. Must reject the copy outright.

b. Has no power to question its authenticity.

c. May require production of the original or such further proof as it considers necessary.

d. Must refer the matter to the Controller for verification.

 

92. Which of the following statements is correct under Section 39?

a. Certified copies from the patent office are admissible only in proceedings under the Designs Act.

b. Every certified copy is conclusive evidence and the court can never require production of the original.

c. Printed or written copies or extracts, certified by the Controller and sealed with the seal of the patent office, are admissible in evidence in all courts in India and in all proceedings without further proof or production of the originals; however, where the court has reason to doubt their accuracy or authenticity, it may require the production of the originals or such further proof as it considers necessary.

d. Only original documents maintained in the patent office are admissible in evidence.

 

93. Section 40 of the Designs Act, 2000 deals with:

a. Applications and notices by post

b. Service of summons

c. Inspection of registers

d. Evidence of documents in the patent office

 

94. A person is required under the Designs Act, 2000 to submit an application to the Controller. Under Section 40, the application:

a. Must be delivered personally at the patent office

b. May be sent by post

c. Can be submitted only through electronic means

d. Must be filed through an advocate

 

95. Which of the following statements is correct under Section 40?

a. Only applications, and not notices or other documents, may be sent by post.

b. Documents may be sent by post only to the patent office and not to the Controller or any other person under the Act.

c. Any application, notice or other document authorised or required to be left, made or given at the patent office or to the Controller or to any other person under the Act may be sent by post.

d. Documents may be sent by post only if specifically permitted by the Controller.

 

96. Section 41 of the Designs Act, 2000 deals with:

a. Declaration by infant, lunatic, etc.

b. Applications and notices by post

c. Exercise of discretionary power by the Controller

d. Evidence before the Controller

 

97. A person who is required to make a statement under the Designs Act is incapable of doing so because of infancy. Under Section 41(1), the statement may be made on his behalf by:

a. Any relative of the person

b. The lawful guardian, committee or manager, if any, or in their absence, a person appointed by a court having jurisdiction over his property

c. Only the Controller

d. Only the Central Government

 

98. A person subject to disability has no lawful guardian, committee or manager. Under Section 41(1), who may act on his behalf?

a. Any advocate chosen by the Controller

b. Any person appointed by a court possessing jurisdiction in respect of his property

c. Any legal heir

d. The High Court only

 

99. An appointment of a person by the court under Section 41(2) may be made:

a. Only on the application of the Controller

b. Only on the application of the Central Government

c. Upon the petition of a person acting on behalf of the person subject to the disability or of any other person interested in the making of the statement or doing of the thing

d. Only upon the petition of the registered proprietor

 

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

a. A person suffering from disability cannot act through another under the Designs Act.

b. In the absence of a lawful guardian, committee or manager, no one can make a statement on behalf of the person under disability.

c. Where a person is incapable of making a statement or doing anything required or permitted under the Act by reason of infancy, lunacy or other disability, the authorised persons specified in Section 41 may act in his name and on his behalf, and the court may appoint such a person upon the petition of the persons specified therein.

d. Only a lawful guardian may make a statement on behalf of a person under disability.

 

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

a. Avoidance of certain restrictive conditions

b. Assignment of registered designs

c. Piracy of registered designs

d. Licences relating to registered designs

 

102. A licence to manufacture an article in respect of which a design is registered contains a condition requiring the licensee to purchase all unrelated materials only from the licensor. Under Section 42(1):

a. Such a condition is valid if expressly accepted by the licensee.

b. Such a condition is void.

c. Such a condition is valid if incorporated in a separate agreement.

d. Such a condition requires only the approval of the Controller.

 

103. A contract for the sale of an article in respect of which a design is registered prohibits the purchaser from acquiring any other article from any person except the vendor. Under Section 42(1)(a), such a condition:

a. Is enforceable if supported by consideration.

b. Is void.

c. Is valid only during the subsistence of copyright in the design.

d. Is valid if approved by the Central Government.

 

104. A licence relating to an article in respect of which a design is registered prohibits the licensee from using another article not covered by the registered design merely because that other article is not supplied by the licensor. Under Section 42(1)(b), such a condition:

a. Is valid if the restriction is reasonable.

b. Is void.

c. Is valid only where the other article is manufactured abroad.

d. Is enforceable only against commercial licensees.

 

105. The restrictive condition described in Section 42(1) is contained in a separate agreement executed after the licence relating to the registered design. Under Section 42(2):

a. The condition falls outside Section 42 because it is contained in a separate agreement.

b. The condition remains one falling within Section 42 notwithstanding that it is contained in a separate agreement entered into before or after the principal contract.

c. The condition is valid because it is not incorporated in the principal contract.

d. The validity of the condition depends upon the Controller's approval.

 

106. Which of the following statements is correct under Section 42?

a. Restrictive conditions of the nature specified in Section 42 are void only if contained in the principal contract and not if incorporated in a separate agreement.

b. A condition requiring the purchaser of a registered article to acquire unrelated articles only from the vendor is valid if the purchaser has consented to it.

c. A condition prohibiting the purchaser, lessee or licensee from using an article other than the registered article, merely because it is not supplied by the vendor, lessor or licensor, is void, and such condition does not cease to fall within Section 42 merely because it is contained in a separate agreement.

d. Section 42 applies only to contracts of sale and not to leases or licences.

 

107. In proceedings for contravention of Section 22, the defendant pleads that at the time of the alleged contravention there existed a contract relating to the registered design containing a condition declared unlawful by Section 42. Under Section 42(3):

a. Such plea is irrelevant in proceedings under Section 22.

b. It is a valid defence.

c. It is available only if the contract was executed after commencement of the Act.

d. It is available only with the prior permission of the Controller.

 

108. In a suit for contravention of Section 22, the plaintiff was not a party to the contract containing the restrictive condition and proves to the satisfaction of the court that the condition was inserted without his knowledge or consent, express or implied. Under the proviso to Section 42(3):

a. The defence under Section 42(3) is available to the defendant.

b. The defence under Section 42(3) does not apply.

c. The suit must be transferred to the High Court.

d. The restrictive condition becomes valid.

 

109. Which of the following is expressly saved by Section 42(4)?

a. A condition requiring the purchaser to buy unrelated articles only from the vendor.

b. A condition prohibiting the licensee from using competing products.

c. A condition in a contract prohibiting a person from selling goods other than those of a particular person.

d. A condition compelling the lessee to purchase all future articles exclusively from the lessor.

 

110. A contract is otherwise invalid under the general law. Can Section 42 validate such contract?

a. Yes, because Section 42 validates all contracts relating to registered designs.

b. Yes, if the Controller grants approval.

c. No. Section 42 expressly provides that nothing in it validates a contract which, but for this section, would be invalid.

d. Yes, if both parties consent.

 

111. A lease of an article in respect of which a design is registered contains a clause reserving to the lessor the right to supply new parts of the registered article required for repair. Under Section 42(4):

a. Such a condition is void.

b. Such a condition is expressly unaffected by Section 42.

c. Such a condition is valid only if approved by the Controller.

d. Such a condition is enforceable only during the first five years of copyright.

 

112. A contract containing a restrictive condition declared unlawful by Section 42 was executed before the commencement of the Designs Act, 2000. The restrictive condition continues to operate even after one year from the commencement of the Act. Under Section 42(5):

a. Section 42 has no application because the contract predates the Act.

b. Section 42 applies to such continuing restrictive condition.

c. The condition remains valid for the entire duration of the contract.

d. The condition can be challenged only after cancellation of the design.

 

113. Which of the following statements is correct under Section 42?

a. The defence under Section 42(3) is available even where the plaintiff proves that the unlawful restrictive condition was inserted without his knowledge or consent.

b. Section 42 invalidates every condition prohibiting a person from selling goods of persons other than a particular person.

c. Nothing in Section 42 affects a contractual reservation by the lessor or licensor of the right to supply new parts of a registered article required for its repair, and the section also applies to pre-commencement contracts to the extent unlawful restrictive conditions continue beyond one year after commencement.

d. Section 42 validates contracts that would otherwise be invalid under law.

 

114. Section 43 of the Designs Act, 2000 deals with:

a. Agency

b. Powers of the Controller

c. Appeals to the High Court

d. Evidence before the Controller

 

115. Under Section 43(1), applications and communications to the Controller under the Designs Act may be signed:

a. Only by the applicant personally

b. Only by a legal practitioner

c. By a legal practitioner or by an agent whose name and address have been entered in the register of patent agents maintained under Section 125 of the Patents Act, 1970

d. By any person authorised by the applicant

 

116. A person wishes to appear before the Controller in proceedings under the Designs Act. Under Section 43(1), such attendance may be made:

a. Only personally

b. Only through a legal practitioner

c. By or through a legal practitioner or by or through an agent entered in the register of patent agents maintained under Section 125 of the Patents Act, 1970

d. Only through an advocate enrolled in the High Court

 

117. An applicant residing outside India files an application under the Designs Act without appointing an Indian agent. Under Section 43(2), the Controller:

a. Has no power to require appointment of an agent

b. May require the person not residing in India to employ an agent residing in India

c. Must reject the application immediately

d. May require the appointment of an agent only after registration

 

118. Which of the following powers is specifically conferred upon the Controller under Section 43(2)?

a. To require any agent acting under the Act to be resident in India

b. To suspend any legal practitioner from practice

c. To remove the name of a patent agent from the register maintained under the Patents Act, 1970

d. To compel every applicant to act only through an agent

 

119. The Controller considers it necessary that the applicant himself should sign a document and appear personally. Under Section 43(2), the Controller:

a. Has no such power where an agent has been appointed

b. May require the personal signature or presence of any applicant or other person

c. May do so only with the permission of the High Court

d. May require personal appearance only of applicants residing in India

 

120. Which of the following statements is correct under Section 43?

a. Only legal practitioners may act on behalf of applicants under the Designs Act.

b. Every person not residing in India must appoint an Indian agent irrespective of the Controller's decision.

c. Applications and communications may be signed, and appearances before the Controller may be made, through a legal practitioner or a patent agent entered in the register maintained under Section 125 of the Patents Act, 1970; and the Controller may require an agent to be resident in India, require a non-resident to employ such an agent, or require the personal signature or presence of any applicant or other person.

d. Once an agent is appointed, the Controller cannot require the personal signature or presence of the applicant.

 

121. Section 44 of the Designs Act, 2000 deals with:

a. Reciprocal arrangement with the United Kingdom and other convention countries or group of countries or inter-governmental organizations

b. Agency

c. International registration of designs

d. Foreign assignments of designs

 

122. A person has first applied for protection of a design in a convention country and thereafter applies for registration of the same design in India. Under Section 44(1), such person may claim:

a. Automatic registration in India

b. Priority over other applicants with the same date as the foreign application

c. Exemption from examination by the Controller

d. Copyright from the date of first commercial use

 

123. A person who applied for protection of a design in the United Kingdom seeks priority in India under Section 44. To claim such priority, the Indian application must be made:

a. Within three months from the foreign application

b. Within six months from the foreign application

c. Within one year from the foreign application

d. At any time before registration in another country

 

124. A proprietor successfully claims priority under Section 44. He seeks damages for piracy committed in India before the design was actually registered in India. Under the proviso to Section 44(1):

a. He is entitled to recover such damages because of the priority date.

b. He is entitled to recover only nominal damages.

c. He is not entitled to recover damages for piracy occurring prior to the actual date of registration in India.

d. Recovery depends upon the Controller's discretion.

 

125. During the six-month priority period specified in Section 44, the design is exhibited and a description of it is published in India. Under Section 44(2), such exhibition or publication:

a. Automatically invalidates the registration.

b. Invalidates the registration unless authorized by the Controller.

c. Does not invalidate the registration merely for that reason.

d. Prevents the applicant from claiming priority.

 

126. An applicant seeks registration of a design under Section 44. Under Section 44(3), the application:

a. Must be made in a special form different from an ordinary application.

b. Must be made in the same manner as an ordinary application under the Act.

c. Requires prior approval of the Central Government.

d. May be filed only through a patent agent.

 

127. The Central Government is satisfied that the legislation of a convention country provides satisfactory protection to designs registered in India. Under Section 44(4), the Central Government may:

a. Grant automatic registration of Indian designs in that country.

b. By notification in the Official Gazette, direct that the provisions of Section 44 shall apply, with such variations or additions as may be specified in the notification.

c. Amend the Designs Act by executive order.

d. Delegate its power to the Controller.

 

128. For the purposes of Section 44, the expressions "convention countries", "group of countries" and "inter-governmental organization" refer to those to which:

a. Only the Paris Convention for the Protection of Industrial Property, 1883 applies.

b. Only the Agreement establishing the World Trade Organization applies.

c. The Paris Convention for the Protection of Industrial Property, 1883 (as revised at Stockholm in 1967 and amended in 1979) or the Final Act embodying the results of the Uruguay Round of Multilateral Trade Negotiations providing for the establishment of the World Trade Organization applies.

d. Any bilateral trade agreement entered into by India applies.

 

129. An applicant has filed more than one foreign application for protection of the same design in different convention countries. Under Explanation 2 to Section 44, the six-month period for claiming priority in India is reckoned from:

a. The latest of such foreign applications.

b. The date chosen by the applicant.

c. The date of the earlier or earliest of such foreign applications, as the case may be.

d. The date on which protection is granted abroad.

 

130. Which of the following statements is correct under Section 44?

a. A priority applicant is entitled to recover damages for piracy committed before the actual registration of the design in India.

b. Registration under Section 44 must be sought in a manner different from an ordinary application.

c. The Central Government may extend the benefit of Section 44 by notification only where it appears that the foreign legislature has made satisfactory provision for the protection of designs registered in India, and where multiple foreign applications exist, the six-month period is reckoned from the earlier or earliest application.

d. Exhibition or publication of the design in India during the priority period automatically invalidates the registration.

 

131. Section 45 of the Designs Act, 2000 deals with:

a. Report of the Controller to be placed before Parliament

b. Annual report of the Central Government

c. Reports of the Patent Office

d. Privilege of reports of the Controller

 

132. Under Section 45, the authority responsible for causing the report respecting the execution of the Designs Act by or under the Controller to be placed before Parliament is:

a. The Controller

b. The High Court

c. The Central Government

d. The Patent Office

 

133. The report required under Section 45 is to be placed:

a. Before the Lok Sabha only

b. Before the Rajya Sabha only

c. Before both Houses of Parliament once every year

d. Before Parliament every six months

 

134. Which of the following statements is correct under Section 45?

a. The Controller is required to submit the report directly to Parliament every month.

b. The Central Government shall cause to be placed before both Houses of Parliament, once every year, a report respecting the execution of the Designs Act by or under the Controller.

c. The report under Section 45 is required to be laid before Parliament only when directed by the President.

d. Section 45 requires the Central Government to publish the report in the Official Gazette instead of placing it before Parliament.

 

135. Section 46 of the Designs Act, 2000 deals with:

a. Protection of security of India

b. Cancellation of registration

c. Government use of designs

d. Piracy of registered designs

 

136. The Controller is of the opinion that disclosure of information relating to an application for registration of a design would be prejudicial to the interest of the security of India. Under Section 46:

a. The Controller may disclose the information after obtaining the applicant's consent.

b. The Controller shall not disclose such information.

c. The Controller may disclose the information after consulting the High Court.

d. The Controller shall disclose the information unless directed otherwise by the Central Government.

 

137. The Central Government issues a notification in the Official Gazette specifying action to be taken regarding the cancellation of registration of certain designs in the interest of the security of India. Under Section 46, the Controller:

a. May disregard the notification if the design has already been registered.

b. Shall take the action specified in the notification regarding cancellation of such registrations.

c. Must first obtain the permission of the High Court before taking any action.

d. May take action only after giving notice to the registered proprietor.

 

138. For the purposes of Section 46, the expression "security of India" includes action necessary for the security of India relating to:

a. Every industrial design used for commercial purposes.

b. Only designs used by public sector undertakings.

c. The application of any registered design to any article used for war or applied directly or indirectly for the purposes of a military establishment or for the purposes of war or other emergency in international relations.

d. Every design registered by the Central Government.

 

139. Which of the following statements is correct under Section 46?

a. The Controller has unrestricted discretion to disclose information relating to any registered design.

b. The Controller may cancel a registration in the interest of the security of India only on the direction of the High Court.

c. The expression "security of India" is confined to internal law and order situations.

d. Notwithstanding anything contained in the Act, the Controller shall not disclose information which he considers prejudicial to the interest of the security of India and shall take such action regarding cancellation of registration as may be specified by the Central Government by notification in the Official Gazette.

 

140. Section 47 of the Designs Act, 2000 deals with:

a. Power of Central Government to make rules

b. Power of the Controller to issue directions

c. Power of the High Court to make rules

d. Power to remove difficulties

 

141. Under Section 47(1), the authority empowered to make rules for carrying out the provisions of the Designs Act, 2000 is:

a. The Controller

b. The High Court

c. The Central Government

d. The Parliament

 

142. The Central Government proposes to frame rules under the Designs Act, 2000. Under Section 47(1), such rules shall be made:

a. By executive order

b. By notification in the Official Gazette

c. By circular issued by the Controller

d. By resolution passed by both Houses of Parliament

 

143. Which of the following statements is correct under Section 47?

a. The Controller may make rules by notification in the Official Gazette for carrying out the provisions of the Act.

b. The High Court is the rule-making authority under the Designs Act.

c. The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of the Designs Act, 2000.

d. Rules under the Act can be made only after obtaining prior approval of the Controller.

 

144. Section 48 of the Designs Act, 2000 deals with:

a. Repeal and savings

b. Power of the Central Government to make rules

c. Removal of difficulties

d. Transitional registration of designs

 

145. Which enactment is repealed by Section 48(1) of the Designs Act, 2000?

a. The Patents Act, 1970

b. The Copyright Act, 1957

c. The Designs Act, 1911

d. The Trade and Merchandise Marks Act, 1958

 

146. A notification issued under the Designs Act, 1911 was in force on the commencement of the Designs Act, 2000. Under Section 48(2), such notification:

a. Automatically ceases to have effect.

b. Continues in force and has effect as if made under the corresponding provisions of the Designs Act, 2000.

c. Requires fresh issuance by the Central Government.

d. Continues only for six months after commencement of the 2000 Act.

 

147. An application for registration of a design was pending on the date the Designs Act, 2000 commenced. Under Section 48(3):

a. It must be re-filed under the Designs Act, 2000.

b. It stands abated automatically.

c. The provisions of the Designs Act, 2000 apply to the pending application, the proceedings consequent thereon, and any registration granted in pursuance thereof.

d. It continues to be governed exclusively by the Designs Act, 1911.

 

148. A suit relating to a design was pending before a court on the commencement of the Designs Act, 2000. Under Section 48(4):

a. The suit must be transferred to the Controller.

b. The suit must be decided under the Designs Act, 2000.

c. The pending proceeding may continue in that court as if the Designs Act, 2000 had not been passed.

d. The proceeding automatically stands terminated.

 

149. A design had been registered before the commencement of the Designs Act, 2000. Under Section 48(5), the date of expiration of the copyright in such design shall, subject to the provisions of the Act, be:

a. The date of commencement of the Designs Act, 2000.

b. Fifteen years from the date of registration in every case.

c. The date immediately after the period of five years for which it was registered or, where the copyright had been extended, immediately after the second period of five years from the expiration of the original period.

d. Such date as may be notified by the Central Government.

 

150. Which of the following statements is correct under Section 48?

a. Every application pending at the commencement of the Designs Act, 2000 abates automatically.

b. Every proceeding pending before a court at the commencement of the Act must be transferred to the High Court.

c. Every notification, rule, order, registration, certificate, notice, decision, determination, direction, approval, authorization, consent, application, request or thing made under the Designs Act, 1911 ceases to have effect on the commencement of the Designs Act, 2000.

d. The Designs Act, 1911 is repealed; existing actions taken under that Act generally continue as if taken under the corresponding provisions of the Designs Act, 2000; pending applications are governed by the new Act; pending court proceedings may continue as if the new Act had not been passed; and copyright in designs registered before commencement expires in accordance with Section 48(5), subject to the Act.

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