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Section 16 of Designs Act, 2002

It is pertinent to note that as per Section 16 of Indian Designs Act, disclosure of a design shall not be deemed to be publication of design, in the following circumstances:

  • Before registration if proprietor discloses the design to any other person, in such circumstances as would make it contrary to good faith for that other person to disclose the design. However, that other person discloses the design in breach of good faith.
  • Acceptance of first and confidential order, before registration, for articles bearing a new or original textile design intended for registration.

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