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Chapter 3
Designs
12 ACQUISITION
OF TITLE TO DESIGN
(1) Any
person may acquire under this act title to
the design of any article manufactured or caused
to be manufactured by him after getting it registered
under Section 14.
(2) No person
shall manufacture any article by using the design registered
in the name of any person under Section
14 Without the latter's written permission, or by imitating
such designs so as to deceive the general public.
13 APPLICATION
FOR REGISTRATION OF DESIGN
(1) Any
person desirous of having the design of any article manufactured
or caused to be manufactured by
him registered under Section 14 shall
submit to the Department an application according
to the specimen form indicated in Schedule 1
(b), together with four copies of such design
and maps, and drawings and particulars thereof.
(2) The
person submitting an application under Sub-Section (1)
shall pay, along with the
application, the application fee specified in Schedule 3 (2) (a),
to the department.
14 REGISTRATION
OF DESIGN
(1) On receipt
of the application filed by any person under Section 13, the department
shall register the design in the name of the applicant and
then issue to him a certificate as mentioned in Schedule
2(b).
Provided that in case
such design hurts the prestige of any individual or institution
or adversely affects the public conduct or morality, or undermines
the national interest, or in case such design
has already been registered in the name
of any other person, it shall not be registered under this-Section.
(2) For
obtaining the certificate mentioned in Sub-Section (1),
the applicant shall pay a design registration fee as prescribed
in Schedule 3 (2) (b), to the department.
(3) In case
the department is satisfied that there exists any circumstance
as mentioned in the restrictive clause of Sub-Section (1),
it may cancel the registration of any design.
Provided that:-
The department
shall, before cancelling the registration of such design, provide
reasonable opportunity to the disign- holded to show cansel
if any, why the pegistration of his design should not be cancelled.
14A. Term of
Design.
The title of the
person in whose name a design has been registered
under Section 14 shall remain valid for a period of five
years from the date of registration thereof, except when it is renewed
under Section 23B.
15 PUNISHMENT
FOR CONTRAVENTION OF SECTION 12
In case any person contravenes
the provisions or Sub-Section (2) of Section 12, or operates
a design the registration of which has been canceled
by the department, he may be punished
with a fine not exceeding Rs 800, as
well as confiscation of all articles and goods connected
with such offense, on the order of the department.
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