The Designs Act, 2000
# THE DESIGNS ACT, 2000

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# ARRANGEMENT OF SECTIONS

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CHAPTER I

PRELIMINARY

SECTIONS

1. Short title, extent and commencement.
2. Definitions.

CHAPTER II

REGISTRATION OF DESIGNS

3. Controller and other officers.
4. Prohibition of registration of certain designs.
5. Application for registration of designs.
6. Registration to be in respect of particular article.
7. Publication of particulars of registered designs.
8. Power of Controller to make orders regarding substitution of application, etc.
9. Certificate of registration.
10. Register of designs.

CHAPTER III

COPYRIGHT IN REGISTERED DESIGNS

11. Copyright on registration.
12. Restoration of lapsed designs.
13. Procedure for disposal of applications for restoration of lapsed designs.
14. Rights of proprietor of lapsed design which have been restored.
15. Requirements before delivery on sales.
16. Effect of disclosure on copyright.
17. Inspection of registered designs.
18. Information as to existence of copyright.
19. Cancellation of registration.
20. Designs to bind Government.

CHAPTER IV

INDUSTRIAL AND INTERNATIONAL EXHIBITIONS

21. Provisions as to exhibitions.

CHAPTER V

LEGAL PROCEEDINGS

22. Piracy of registered design.
23. Application of certain provisions of the Act as to patents to designs.


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SECTIONS

24. Fees.


CHAPTER VI

GENERAL

_Fees_

_Provisions as to registers and other documents in the patent office_


25. Notice of trust not to be entered in registers.
26. Inspection of and extracts from registers.
27. Privilege of reports of Controller.
28. Prohibition and publication of specification, drawings, etc., where application abandoned, etc.
29. Power of Controller to correct clerical errors.
30. Entry of assignment and transmissions in registers.
31. Rectification of register.

CHAPTER VII

POWERS AND DUTIES OF CONTROLLER

32. Powers of Controller in proceedings under Act.
33. Exercise of discretionary power by Controller.
34. Power of Controller to take directions of the Central Government.
35. Refusal to register a design in certain cases.
36. Appeals to the High Court.

CHAPTER VIII

EVIDENCE, ETC.

37. Evidence before the Controller.
38. Certificate of Controller to be evidence.
39. Evidence of documents in patent office.
40. Applications and notices by post.
41. Declaration by infant, lunatic, etc.
42. Avoidance of certain restrictive conditions.

CHAPTER IX

AGENCY

43. Agency.

CHAPTER X

POWERS, ETC., OF CENTRAL GOVERNMENT

44. Reciprocal arrangement with the United Kingdom and other convention countries or group of

countries of inter-governmental organisations.

45. Report of the Controller to be placed before Parliament.
46. Protection of security of India.
47. Power of Central Government to make rules.

CHAPTER XI

REPEAL AND SAVINGS

48. Repeal and savings.


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# THE DESIGNS ACT, 2000

 ACT NO. 16 OF 2000

[25th May, 2000.]

# An Act to consolidate and amend the law relating to protection of designs.

BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

**1. Short title, extent and commencement.—(1) This Act may be called the Designs Act, 2000.**

(2) It extends to the whole of India.

(3) It shall come into force on such date[1] as the Central Government may, by notification in the

Official Gazette, appoint; and different dates may be appointed for different provisions of this Act, and
any reference in any such provision to the commencement of this Act shall be construed as a reference to
the coming into force of that provision.

**2.** **Definitions.—In this Act, unless there is anything repugnant in the subject or context,—**

(a) “article” means any article of manufacture and any substance, artificial, or partly artificial and

partly natural; and includes any part of an article capable of being made and sold separately;

(b) “Controller” means the Controller-General of Patents, Designs and Trade Marks referred to in

section 3;

(c) “copyright” means the exclusive right to apply a design to any article in any class in which the

design is registered;

(d) “design” means only the features of shape, configuration, pattern, ornament or composition of

lines or colours applied to any article whether in two dimensional or three dimensional or in both
forms, by any industrial process or means, whether manual, mechanical or chemical, separate or
combined, which in the finished article appeal to and are judged solely by the eye; but does not
include any mode or principle of construction or anything which is in substance a mere mechanical
device, and does not include any trade mark as defined in clause (v) of sub-section (1) of section 2 of
the Trade and Merchandise Marks Act, 1958 (43 of 1958) or property mark as defined in section 479
of the Indian Penal Code (45 of 1860) or any artistic work as defined in clause (c) of section 2 of the
Copyright Act, 1957 (14 of 1957).

(e) “High Court” shall have the same meaning as assigned to it in clause (i) of section 2 of the

Patents Act, 1970 (39 of 1970);

(f) “legal representative” means a person who in law represents the estate of a deceased person;

(g) “original”, in relation to a design, means originating from the author of such design and

includes the cases which though old in themselves yet are new in their application;

(h) “Patent Office” means the patent office referred to in section 74 of the Patents Act, 1970

(39 of 1970);

(i) “prescribed” means prescribed by rules made under this Act;

(j) “proprietor of a new or original design”,—

(i) where the author of the design, for good consideration, executes the work for some other

person, means the person for whom the design is so executed;

(ii) where any person acquires the design or the right to apply the design to any article, either

exclusively of any other person or otherwise, means, in the respect and to the extent in and to
which the design or right has been so acquired, the person by whom the design or right is so
acquired; and

1 11 h 2001 _d_ ifi i S O 414( ) d d 11 h 2001 G f di di


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(iii) in any other case, means the author of the design; and where the property in or the right

to apply, the design has devolved from the original proprietor upon any other person, includes
that other person.

CHAPTER II

REGISTRATION OF DESIGNS

**3. Controller and other officers.—(1) The Controller-General of Patents, Designs and Trade Marks**

appointed under sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958)
shall be the Controller of Designs for the purposes of this Act.

(2) For the purposes of this Act, the Central Government may appoint as many examiners and other

officers with such designations as it thinks fit.

(3) Subject to the provisions of this Act, the officers appointed under sub-section (2) shall discharge

under the superintendence and directions of the Controller such functions of the Controller under this Act
as he may, from time to time, by general or special order in writing, authorise them to discharge.

(4) Without prejudice to the generality of the provisions of sub-section (3), the Controller may, by

order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer
appointed under sub-section (2) and deal with such matter himself either de novo or from the stage it was
so withdrawn or transfer the same to another officer appointed under sub-section (2) who may, subject to
special directions in the order of transfer, proceed with the matter either de novo or from the stage it was
so transferred.

**4. Prohibition of registration of certain designs.—A design which—**

(a) is not new or original; or

(b) has been disclosed to the public anywhere in India or in any other country by publication in

tangible form or by use or in any other way prior to the filing date, or where applicable, the priority
date of the application for registration; or

(c) is not significantly distinguishable from known designs or combination of known designs; or

(d) comprises or contains scandalous or obscene matter,

shall not be registered.

**5. Application for registration of designs.—(1) The Controller may, on the application of any**

person claiming to be the proprietor of any new or original design not previously published in any country
and which is not contrary to public order or morality, register the design under this Act:

Provided that the Controller shall before such registration refer the application for examination, by an

examiner appointed under sub-section (2) of section 3, as to whether such design is capable of being
registered under this Act and the rules made thereunder and consider the report of the examiner on such
reference.

(2) Every application under sub-section (1) shall be in the prescribed form and shall be filed in the

patent office in the prescribed manner and shall be accompanied by the prescribed fee.

(3) A design may be registered in not more than one class, and, in case of doubt as to the class in

which a design ought to be registered, the Controller may decide the question.

(4) The Controller may, if he thinks fit, refuse to register any design presented to him for registration;

but any person aggrieved by any such refusal may appeal to the High Court.

(5) An application which, owing to any default or neglect on the part of the applicant, has not been

completed so as to enable registration to be effected within the prescribed time shall be deemed to be
abandoned.

(6) A design when registered shall be registered as of the date of the application for registration.

**6. Registration to be in respect of particular article.—(1) A design may be registered in respect of**

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

(2) Any question arising as to the class within which any article falls shall be determined by the


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(3) Where a design has been registered in respect of any article comprised in a class of article, the

application of the proprietor of the design to register it in respect of some one or more other articles
comprised in that class of articles shall not be refused, nor shall the registration thereof invalidated—

(a) on the ground of the design not being a new or original design, by reason only that it was so

previously registered; or

(b) on the ground of the design having been previously published in India or in any other country,

by reason only that it has been applied to article in respect of which it was previously registered:

Provided that such subsequent registration shall not extend the period of copyright in the design

beyond that arising from previous registration.

(4) Where any person makes an application for the registration of a design in respect of any article

and either—

(a) that design has been previously registered by another person in respect of some other article;

or

(b) the design to which the application relates consists of a design previously registered by

another person in respect of the same or some other article with modifications or variations not
sufficient to alter the character or substantially to affect the identity thereof,

then, if at any time while the application is pending the applicant becomes the registered proprietor of the
design previously registered, the foregoing provisions of this section shall apply as if at the time of
making the application, the applicant, had been the registered proprietor of that design.

**7. Publication of particulars of registered designs.—The Controller shall, as soon as may be after**

the registration of a design, cause publication of the prescribed particulars of the design to be published in
such manner as may be prescribed and thereafter the design shall be open to public inspection.

**8. Power of Controller to make orders regarding substitution of application, etc.—(1) If the**

Controller is satisfied on a claim made in the prescribed manner at any time before a design has been
registered that by virtue of any assignment or agreement in writing made by the applicant or one of the
applicants for registration of the design or by operation of law, the claimant would, if the design were
then registered, be entitled thereto or to the interest of the applicant therein, or to an undivided share of
the design or of that interest, the Controller may, subject to the provisions of this section, direct that the
application shall proceed in the name of the claimant or in the names of the claimants and the applicant or
the other joint applicant or applicants, accordingly, as the case may require.

(2) No such direction as aforesaid shall be given by virtue of any assignment or agreement made by

one of two or more joint applicants for registration of a design except with the consent of the other joint
applicant or applicants.

(3) No such direction as aforesaid shall be given by virtue of any assignment or agreement for the

assignment of the benefit of a design unless—

(a) the design is identified therein by reference to the number of the application for the

registration; or

(b) there is produced to the Controller an acknowledgement by the person by whom the

assignment or agreement was made that the assignment or agreement relates to the design in respect
of which that application is made; or

(c) the rights of the claimant in respect of the design have been finally established by the decision

of a court; or

(d) 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).

(4) Where one of two or more joint applicants for registration of a design dies at any time before the

design has been registered, the Controller may, upon a request in that behalf made by the survivor or
survivors, and with the consent of the legal representative of the deceased, direct that the application shall
proceed in the name of the survivor or survivors alone.

(5) If any dispute arises between joint applicants for registration of a design whether or in what


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the prescribed manner by any of the parties, and after giving to all parties concerned an opportunity to be
heard, give such directions as he thinks fit for enabling the application to proceed in the name of one or
more of the parties alone or for regulating the manner in which it should be proceeded with, or for both
those purposes, as the case may require.

**9. Certificate of registration.—(1) The Controller shall grant a certificate of registration to the**

proprietor of the design when registered.

(2) The Controller may, in case of loss of the original certificate, or in any other case in which he

deems it expedient, furnish one or more copies of the certificate.

**10. Register of designs.—(1) There shall be kept at the patent office a book called the register of**

designs, wherein shall be entered the names and addresses of proprietors of registered designs,
notifications of assignments and of transmissions of registered designs, and such other matter as may be
prescribed and such register may be maintained wholly or partly on computer, floppies or diskettes,
subject to such safeguards as may be prescribed.

(2) Where the register is maintained wholly or partly on computer floppies and diskettes under

sub-section (1), any reference in this Act to any entry in the register shall be construed as the reference to
entry so maintained on computer floppies or diskettes.

(3) The register of designs existing at the commencement of this Act shall be incorporated with and

form part of the register of designs under this Act.

(4) The register of designs shall be _prima facie_ evidence of any matter by this Act directed or

authorized to be entered therein.

CHAPTER III

COPYRIGHT IN REGISTERED DESIGNS

**11. Copyright on registration.—(1) When a design is registered, the registered proprietor of the**

design shall, subject to the provisions of this Act, have copyright in the design during ten years from the
date of registration.

(2) If, before the expiration of the said ten years, application for the extension of the period of

copyright is made to the Controller in the prescribed manner, the Controller shall, on payment of the
prescribed fee, extend the period of copy-right for a second period of five years from the expiration of the
original period of ten years.

**12. Restoration of lapsed designs.—(1) Where a design has ceased to have effect by reason of**

failure to pay the fee for the extension of copyright under sub-section (2) of section 11, the proprietor of
such design or his legal representative and where the design was held by two or more persons jointly,
then, with the leave of the Controller one or more of them without joining the others, may, within one
year from the date on which the design ceased to have effect, make an application for the restoration of
the design in the prescribed manner on payment of such fee as may be prescribed.

(2) An application under this section shall contain a statement, verified in the prescribed manner, fully

setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may
require from the applicant such further evidence as he may think necessary.

**13. Procedure for disposal of applications for restoration of lapsed designs.—(1) If, after hearing**

the applicant in cases where the applicant so desires or the Controller thinks fit, the Controller is satisfied
that the failure to pay the fee for extension of the period of copyright was unintentional and that there has
been no undue delay in the making of the application, the Controller shall upon payment of any unpaid
fee for extension of the period of copyright together with prescribed additional fee restore the registration
of design.

(2) The Controller may, if he thinks fit as a condition of restoring the design, require that any entry

shall be made in the register of any document or matter which under the provisions of this Act, has to be
entered in the register but which has not been so entered.

**14. Rights of proprietor of lapsed design which have been restored.—(1) Where the registration**

of a design is restored, the rights of the registered proprietor shall be subject to such provisions as may be
prescribed and to such other provisions as the Controller thinks fit to impose for the protection or


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contract or otherwise to avail themselves of, the benefit of applying the design between the date when the
registration of the design ceased to have effect and the date of restoration of the registration of the design.

(2) No suit or other proceeding shall be commenced in respect of piracy of a registered design or

infringement of the copyright in such design committed between the date on which the registration of the
design ceased to have effect and the date of the restoration of the design.

**15. Requirements before** **delivery on sales.—(1) Before delivery on sale of any articles to which a**

registered design has been applied, the proprietor shall—

(a) (if exact representations or specimens were not finished on the application for registration)

furnish to the Controller the prescribed number of exact representations or specimens of the design;
and, if he fails to do so, the Controller may, after giving notice thereof to the proprietor, erase his
name from the register and thereupon the copyright in the design shall cease; and

(b) causes each such article to be marked with the prescribed mark, or with the prescribed words

or figures denoting that the design is registered; and, if he fails to do so, the proprietor shall not be
entitled to recover any penalty or damages in respect of any infringement of his copyright in the
design unless he shows that he took all proper steps to ensure the marking of the article, or unless he
shows that the infringement took place after the person guilty thereof knew or had received notice of
the existence of the copyright in the design.

(2) Where a representation is made to the Central Government by or on behalf of any trade or

industry that in the interest of the trade or industry it is expedient to dispense with or modify as regards
any class or description of articles any of the requirements of this section as to marking, the Central
Government may, if it thinks fit, by rule under this Act, dispense with or modify such requirements as
regards any such class or description of articles to such extent and subject to such conditions as it thinks
fit.

**16.** **Effect of disclosure on copyright.—The disclosure of a design by the proprietor to any other**

person, in such circumstances as would make it contrary to good faith for that other person to use or
publish the design, and the disclosure of a design in breach of good faith by any person, other than the
proprietor of the design, and the acceptance of a first and confidential order for articles bearing a new or
original textile design intended for registration, shall not be deemed to be a publication of the design
sufficient to invalidate the copyright thereof if registration thereof is obtained subsequently to the
disclosure or acceptance.

**17. Inspection of registered designs.—(1) During the existence of copyright in a design, any person**

on furnishing such information as may enable the Controller to identify the design and on payment of the
prescribed fee may inspect the design in the prescribed manner.

(2) Any person may, on an application to the Controller and on payment of such fee as may be

prescribed, obtain a certified copy of any registered design.

**18. Information as to existence of copyright.—On the request of any person furnishing such**

information as may enable the Controller to identify the design, and on payment of the prescribed fee, the
Controller shall inform such person whether the registration still exists in respect of the design, and, if so,
in respect of what classes of articles, and shall state the date of registration, and the name and address of
the registered proprietor.

**19. Cancellation of registration.—(1) Any person interested may present a petition for the**

cancellation of the registration of a design at any time after the registration of the design, to the Controller
on any of the following grounds, namely:—

(a) that the design has been previously registered in India; or

(b) that it has been published in India or in any other country prior to the date of registration; or

(c) that the design is not a new or original design; or

(d) that the design is not registrable under this Act; or

(e) that it is not a design as defined under clause (d) of section 2.


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(2) An appeal shall lie from any order of the Controller under this section to the High Court, and the

Controller may at any time refer any such petition to the High Court, and the High Court shall decide any
petition so referred.

**20.** **Designs to bind Government.—A registered design shall have to all intents the like effect as**

against the Government as it has against any person and the provisions of Chapter XVII of the Patents
Act, 1970 (39 of 1970) shall apply to registered designs as they apply to patents.

CHAPTER IV

INDUSTRIAL AND INTERNATIONAL EXHIBITIONS

**21. Provisions as to exhibitions.—The exhibition of a design, or of any article to which a design is**

applied, at an industrial or other exhibition to which the provisions of this section have been extended by
the Central Government by notification in the Official Gazette, or the publication of a description of the
design, during or after the period of the holding of the exhibition, or the exhibition of the design or the
article or the publication of a description of the design by any person elsewhere during or after the period
of the holding of the exhibition, without the privity or consent of the proprietor, shall not prevent the
design from being registered or invalidate the registration thereof:

Provided that—

(a) the exhibitor exhibiting the design or article, or publishing a description of the design, gives to

the Controller previous notice in the prescribed form; and

(b) the application for registration is made within six months from the date of first exhibiting the

design or article or publishing a description of the design.

CHAPTER V

LEGAL PROCEEDINGS

**22. Piracy of registered design.—(1) During the existence of copyright in any design it shall not be**

lawful for any person—

(a) for the purpose of sale to apply or cause to be applied to any article in any class of articles in

which the design is registered, the design or any fraudulent or obvious imitation thereof, except with
the license or written consent of the registered proprietor, or to do anything with a view to enable the
design to be so applied; or

(b) to import for the purposes of sale, without the consent of the registered proprietor, any article

belonging to the class in which the design has been registered, and having applied to it the design or
any fraudulent or obvious imitation thereof; or

(c) knowing that the design or any fraudulent or obvious imitation thereof has been applied to any

article in any class of articles in which the design is registered without the consent of the registered
proprietor, to publish or expose or cause to be published or exposed for sale that article.

(2) If any person acts in contravention of this section, he shall be liable for every contravention—

(a) to pay to the registered proprietor of the design a sum not exceeding twenty-five thousand

rupees recoverable as a contract debt, or

(b) if the proprietor elects to bring a suit for the recovery of damages for any such contravention,

and for an injunction against the repetition thereof, to pay such damages as may be awarded and to be
restrained by injunction accordingly:

Provided that the total sum recoverable in respect of any one design under clause (a) shall not exceed

fifty thousand rupees:

Provided further that no suit or any other proceeding for relief under this sub-section shall be

instituted in any court below the court of District Judge.

(3) In any suit or any other proceeding for relief under sub-section (2), ever ground on which the

registration of a design may be cancelled under section 19 shall be available as a ground of defence.

(4) Notwithstanding anything contained in the second proviso to sub-section (2), where any ground or

which the registration of a design may be cancelled under section 19 has been availed of as a ground of


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defence under sub-section (3) in any suit or other proceeding for relief under sub-section (2), the suit or
such other proceedings shall be transferred by the Court, in which the suit or such other proceeding is
pending, to the High Court for decision.

(5) When the court makes a decree in a suit under sub-section (2), it shall send a copy of the decree to

the Controller, who shall cause an entry thereof to be made in the register of designs.

**23.** **Application of certain provisions of the Act as to patents to designs.—The provisions of the**

Patents Act, 1970 (39 of 1970) with regard to certificates of the validity of a patent, and to the remedy in
case of groundless threats of legal proceedings by a patentee shall apply in the case of registered designs
in like manner as they apply in the case of patents, with the substitution of references to the copyright in a
design for reference to a patent, and of references to the proprietor of a design for references to patentee,
and of references to the design for references to the invention.

CHAPTER VI

GENERAL

_Fees_

**24. Fees.—(1) There shall be paid in respect of the registration of designs and applications therefor**

and in respect of other matters relating to designs under this Act such fees as may be prescribed.

(2) A proceeding in respect of which a fee is payable under this Act or the rules made thereunder

shall be of no effect unless the fee has been paid.

_Provisions as to registers and other documents in the patent office_

**25. Notice of trust not to be entered in registers.—There shall not be entered in any register kept**

under this Act, or be receivable by the Controller, any notice of any trust expressed, implied or
constructive.

**26.** **Inspection of and extracts from registers.—Every register kept under this Act shall at all**

convenient times be open to the inspection of the public, subject to the provisions of this Act; and
certified copies, sealed with the seal of the Patent Office, of any entry in any such register shall be given
to any person requiring the same on payment of the prescribed fee:

Provided that where such register is maintained wholly or partly on computer, the inspection of such

register under this section shall be made by inspecting the computer printout of the relevant entry in the
register so maintained on computer.

**27. Privilege of reports of Controller.—Reports of or to the Controller made under this Act other**

than the report referred to in section 45 shall not in any case be published or be open to public inspection.

**28.** **Prohibition and publication of specification, drawings, etc., where application abandoned,**

**etc.—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.

**29.** **Power of Controller to correct clerical errors.—The Controller may, on request in writing**

accompanied by the prescribed fee, correct any clerical error in the representation of a design or in the
name or address of the proprietor of any design, or in any other matter, which is entered upon the register
of designs.

**30. Entry of assignment and transmissions in registers.—(1) Where a person becomes entitled by**

assignments, transmission or other operation of law to the copyright in a registered design, he may make
application in the prescribed form to the Controller to register his title, and the Controller shall, on receipt
of such application and on proof of title to his satisfaction, register him as the proprietor of such design,
and shall cause an entry to be made in the prescribed manner in the register of the assignment,
transmission or other instrument affecting the title.

(2) Where any person becomes entitled as mortgagee, licensee or otherwise to any interest in a

registered design, he may make an application in the prescribed form to the Controller to register his title,
and the Controller shall, on receipt of such application and on proof of title to his satisfaction, cause
notice of the interest to be entered in the prescribed manner in the register of designs, with particulars of
th i t t if ti h i t t


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(3) For the purposes of sub-section (1) or sub-section (2), an assignment of a design or of a share in a

design, a mortgage, licence or the creation of any other interest in a design shall not be valid unless the
same were in writing and the agreement between the parties concerned is reduced to the form of an
instrument embodying all the terms and conditions governing their rights and obligation and the
application for registration of title under such instrument is filed in the prescribed manner with the
Controller within six months from the execution of the instrument or within such further period not
exceeding six months in the aggregate as the Controller on application made in the prescribed manner
allows:

Provided that the instrument shall, on entry of its particulars in the register under sub-section (1) or

sub-section (2), have the effect from the date of its execution.

(4) The person registered as the proprietor of a design shall, subject to the provisions of this Act and

to any rights appearing from the register to be vested in any other person, have power absolutely to
assign, grant licenses as to, or otherwise deal with, the design and to give effectual receipts for any
consideration for any such assignment, licence or dealing:

Provided that any equities in respect of the design may be enforced in like manner as in respect of any

other movable property.

(5) Except in the case of an application made under section 31, a document or instrument in respect of

which no entry has been made in the register in accordance with the provisions of sub-sections (1) and (2)
shall not be admitted in evidence in any court in proof of the title to copyright in a design or to any
interest therein, unless the court, for reasons to be recorded in writing, otherwise directs.

**31.** **Rectification of register.—(1) The Controller may, on the application in the prescribed manner**

of any person aggrieved by the non-insertion in or omission from the register of designs of any entry, or
by any entry made in such register without sufficient cause, or by any entry wrongly remaining on such
register, or by an error or defect in any entry in such register, make such order for making, expunging or
varying such entry as he thinks fit and rectify the register accordingly.

(2) The Controller may, in any proceeding under this section, decide any question that may be

necessary or expedient to decide in connection with the rectification of a register.

(3) An appeal shall lie to the High Court from any order of the Controller under this section and the

Controller may refer any application under this section to the High Court for decision, and the High Court
shall dispose of any application so referred.

(4) Any order of the Court rectifying a register shall direct that notice of the rectification be served on

the Controller in the prescribed manner who shall upon the receipt of such notice rectify the register
accordingly.

(5) Nothing in this section shall be deemed to empower the Controller to make any such order

cancelling the registration of a design as is provided for in section 19.

CHAPTER VII

POWERS AND DUTIES OF CONTROLLER

**32. Powers of Controller in proceedings under Act.—Subject to any rules made in this behalf, the**

Controller in any proceedings before him under this Act shall have the powers of a civil court for the
purpose of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the
discovery and production of documents, issuing commissions for the examining of witnesses and
awarding costs and such award shall be executable in any court having jurisdiction as if it were a decree
of that court.

**33. Exercise of discretionary power by Controller.—Where any discretionary power is by or under**

this Act given to Controller, he shall not exercise that power adversely to the applicant for registration of
a design without (if so required within the prescribed time by the applicant) giving the applicant an
opportunity of being heard.

**34.** **Power of Controller to take directions of the Central Government.—The Controller may, in**

any case of doubt or difficulty arising in the administration of any of the provisions of this Act, apply to
the Central Government for directions in the matter.


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**35.** **Refusal to register a design in certain cases.—(1) The Controller may refuse to register a design**

of which the use would, in his opinion, be contrary to public order or morality.

(2) An appeal shall lie to the High Court from an order of the Controller under this section.

**36. Appeals to the High Court.—(1) Where an appeal is declared by this Act to lie from the**

Controller to the High Court, the appeal shall be made within three months of the date of the order passed
by the Controller.

(2) In calculating the said period of three months, the time (if any) occupied in granting a copy of the

order appealed against shall be excluded.

(3) The High Court may, if it thinks fit, obtain the assistance of an expert in deciding such appeals,

and the decision of the High Court shall be final.

(4) The High Court my make rules consistent with this Act as to the conduct and procedure of all

proceedings under this Act before it.

CHAPTER VIII

EVIDENCE, ETC.

**37. Evidence before the Controller.—Subject to any rules made under section 44, in any proceeding**

under this Act before the Controller, the evidence shall be given by affidavit in the absence of directions
by the Controller to the contrary; but in any case in which the Controller thinks it right so to do he may
take evidence _viva voce in lieu of or in addition to evidence by affidavit or may allow any party to be_
cross-examined on the contents of his affidavit.

**38. Certificate of Controller to be evidence.—A certificate purporting to be under the hand of the**

Controller as to any entry, matter or thing which he is authorized by this Act, or any rules made
thereunder to make or do, shall be _prima facie evidence of the entry having been made, and of the_
contents thereof, and of the matter or thing having been done or left undone.

**39. Evidence of documents in patent office.—Printed or written copies or extracts, purporting to be**

certified by Controller and sealed with the seal of the patent office, of documents in the patent office,
and of or from registers and other books kept there, shall be admitted in evidence in all courts in India,
and in all proceedings, without further proof or production of the originals:

Provided that a court may, if it has reason to doubt the accuracy or authenticity of the copies tendered

in evidence, require the production of the originals or such further proof as it considers necessary.

**40. Applications and notices by post.—Any application, notice or other document authorized or**

required to be left, made or given at the patent office or to the Controller, or to any other person under this
Act, may be sent by post.

**41. Declaration by infant, lunatic, etc.—(1) If any person, is by reason of infancy, lunacy or other**

disability, incapable of making any statement or doing anything required or permitted by or under this
Act, the lawful guardian, committee or manager (if any) of the person subject to the disability, or, if there
be none, any person appointed by any court possessing jurisdiction in respect of his property, may make
such statement or a statement as nearly corresponding thereto as circumstances permit, and do such thing
in the name and on behalf of the person subject to the disability.

(2) An appointment may be made by the court for the purposes of this section upon the petition of

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

**42. Avoidance of certain restrictive conditions.—(1) It shall not be lawful to insert—**

(i) in any contract for or in relation to the sale or lease of an article in respect of which a design is

registered; or

(ii) in a licence to manufacture or use an article in respect of which a design is registered; or

(iii) in a licence to package the article in respect of which a design is registered,


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condition the effect of which may be—

(a) to require the purchaser, lessee, or licensee to acquire from the vendor, lessor, or licensor or

his nominees, or to prohibit him from acquiring or to restrict in any manner or to any extent his right
to acquire from any person or to prohibit him from acquiring except from the vendor, lessor, or
licensor or his nominees any article other than the article in respect of which a design is registered; or

(b) to prohibit the purchaser, lessee or licensee from using or to restrict in any manner or to any

extent the right of the purchaser, lessee or licensee, to use an article other than the article in respect of
which a design is registered which is not supplied by the vendor, lessor or licensor or his nominee,

and any such condition shall be void.

(2) A condition of the nature referred to in clause (a) or clause (b) of sub-section (1) shall not cease

to be a condition falling within that sub-section merely by reason of the fact that the agreement containing
it has been entered into separately, whether before or after the contract relating to the sale, lease or licence
of the article in respect of which a design is registered.

(3) In proceeding against any person for any act in contravention of section 22, it shall be a defence to

prove that at the time of such contravention there was in force a contract relating to the registered design
and containing a condition declared unlawful by this section:

Provided that this sub-section shall not apply if the plaintiff is not a party to the contract and proves to

the satisfaction of the court that the restrictive condition was inserted in the contract without his
knowledge and consent, express or implied.

(4) Nothing in this section shall—

(a) affect a condition in a contract by which a person is prohibited from selling goods other than

those of particular person;

(b) validate a contract which, but for this section, would be invalid;

(c) affect a condition in a contract for the lease of, or licence to use, an article in respect of which

a design is registered, by which the lessor or licensor reserves to himself or his nominee the right to
supply such new parts of the article, in respect of which a design is registered, as may be required or
to put or keep it in repair.

(5) The provision of this section shall also apply to contracts made before the commencement of this

Act if, and in so far as, any restrictive conditions declared unlawful by this section continue in force after
the expiration of one year from such commencement.

CHAPTER IX

AGENCY

**43. Agency.—(1) All applications and communications to the Controller under this Act may be**

signed by, and all attendances upon the Controller may be made by or through a legal practitioner or by or
through an agent whose name and address had been entered in the register of patent agents maintained
under section 125 of the Patents Act, 1970 (39 of 1970).

(2) The Controller may, if he sees fit, require—

(a) any such agent to be resident in India;

(b) any person not residing in India to employ an agent residing in India;

(c) the personal signature or presence of any applicant or other person.

CHAPTER X

POWERS, ETC., OF CENTRAL GOVERNMENT

**44. Reciprocal arrangement with the United Kingdom and other convention countries or group**

**of countries of inter-governmental organisations.—(1) Any person who has applied for protection for**
any design in the United Kingdom or any of other convention countries or group of countries or countries
which are members of inter-governmental organisations, or his legal representative or assignee shall,
either alone or jointly with any other person, be entitled to claim that the registration of the said design


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application in the United Kingdom or any of such other convention countries or group of countries or
countries which are members of inter-governmental organisations, as the case may be:

Provided that—

(a) the application is made within six months from the application for protection in the United

Kingdom or any such other convention countries or group of countries or countries which are
members of inter-governmental organisations, as the case may be; and

(b) nothing in this section shall entitle the proprietor of the design to recover damages for piracy

of design happening prior to the actual date on which the design is registered in India.

(2) The registration of a design shall not be invalidated by reason only of the exhibition or use of or

the publication of a description or representation of the design in India during the period specified in this
section as that within which the application may be made.

(3) The application for registration of a design under this section has been made in the same manner

as an ordinary application under this Act.

(4) Where it is made to appear to the Central Government that the legislature of the United Kingdom

or any such other convention country or a country which is member of any group of countries or intergovernmental organisation as may be notified by the Central Government in this behalf has made
satisfactory provision for the protection of designs registered in India, the Central Government may, by
notification in the Official Gazette, direct that the provisions of this section, with such variations or
additions, if any, as may be set out in such notification, shall apply for the protection of designs registered
in the United Kingdom or that other convention country or such country which is member of any group of
countries or inter-governmental organisation, as the case may be.

_Explanation 1.—For the purposes of this section, the expression “convention countries”, “group of_

countries” or “inter-governmental organisation” means, respectively, such countries, group of countries or
inter-governmental organisation to which the Paris Convention for Protection of Industrial Property, 1883
as revised at Stockholm in 1967 and as amended in 1979 or the Final Act, embodying the results of the
Uruguay Round of Multilateral Trade Negotiations, provided for the establishment of World Trade
Organisation applies.

_Explanation 2.—Where more than one application for protection referred to in sub-section (1) has_

been made for similar protections in the United Kingdom or one or more convention countries, group of
countries or countries which are members of inter-governmental organisations, the period of six months
referred to in clause (a) of that sub-section shall be reckoned from the date of which the earlier or the
earliest application, as the case may be, of such applications has been made.

**45. Report of the Controller to be placed before Parliament.—The Central Government shall**

cause to be placed before both Houses of Parliament once a year a report respecting the execution of this
Act by or under the Controller.

**46. Protection of security of India.—Notwithstanding anything contained in this Act, the Controller**

shall—

(a) not disclose any information relating to the registration of a design or any application relating

to the registration of a design under this Act, which he considers prejudicial to the interest of the
security of India; and

(b) take any action regarding the cancellation of registration of such designs registered under this

Act which the Central Government may, by notification in the Official Gazette, specify in the interest
of the security of India.

_Explanation.—For the purposes of this section, the expression “security of India” means any action_

necessary for the security of India which relates to the application of any design registered under this Act
to any article used for war or applied directly or indirectly for the purposes of military establishment or
for the purposes of war or other emergency in international relations.

**47. Power of Central Government to make rules.—(1) The Central Government may, by**

notification in the Official Gazette, make rules for carrying out the purposes of this Act.


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(2) In particular, and without prejudice to the generally of the forgoing power, such rules may provide

for all or any of the following matters, namely:—

(a) the form of application for registration of design, the manner of filing it at the patent office

and the fee which shall accompany it, under sub-section (2) of section 5;

(b) the time within which the registration is to be effected under sub-section (5) of section 5;

(c) the classification of articles for registration under sub-section (1) of section 6;

(d) the particulars of design to be published and the manner of their publication under section 7;

(e) the manner of making claim under sub-section (1) of section 8;

(f) the manner of making applications to the Controller under sub-section (5) of section 8;

(g) the additional matters required to be entered in the register of designs and the safeguards to be

made in maintaining such register in computer floppies or diskettes under sub-section (1) of
section 10;

(h) the manner of making application and fee to be paid for extension of the period of copyright

under and the fee payable thereto, sub-section (2) of section 11;

(i) the manner of making application for restoration of design and the fee to be paid with it under

sub-section (1) of section 12;

(j) the manner of verification of statement contained in an application under sub-section (2) of

section 12;

(k) the additional fee to be paid for restoration of the registration of design under sub-section (1)

of section 13;

(l) the provisions subject to which the right of the registered proprietor shall be under

sub-section (1) of section 14;

(m) the number of exact representation or specimen of the design to be furnished to the Controller

under clause (a) of sub-section (1) of section 15;

(n) the mark, words or figures with which the article is to be marked denoting that the design is

registered under clause (b) of sub-section (1) of section 15;

(o) the rules to dispense with or modify as regards any class or description of articles any of the

requirements of section 15 as to marking under sub-section (2) of that section;

(p) the fee to be paid for and the manner of inspection under sub-section (1) of section 17;

(q) the fee to be paid to obtain a certified copy of any design under sub-section (2) of section 17;

(r) the fee on payment of which the Controller shall inform under section 18;

(s) the form for giving notice to the controller under clause (a) of the proviso to section 21;

(t) the fee to be paid in respect of the registration of designs and application therefor, and in

respect of other matters relating to designs under sub-section (1) of section 24;

(u) the fee to be paid for giving certified copy of any entry in the register under section 26;

(v) the fee to be accompanied with the request in writing for correcting any clerical error under

section 29;

(w) the form in which an application for registration as proprietor shall be made and the manner

in which the Controller shall cause an entry to be made in the register of the assignment, transmission
or other instruments effecting the title under sub-section (1) of section 30;

(x) the form in which an application for title shall be made and the manner in which the

Controller shall cause notice of the interest to be entered in the register of designs with particulars of
the instrument, if any, creating such interest under sub-section (2) of section 30;

(y) the manner of filing an application for registration and for making application for extension of

time as referred to in sub-section (3) of section 30;


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(z) the manner of making application to the Controller for rectification of register under

sub-section (1) of section 31;

(za) the manner in which the notice of rectification shall be served on the Controller under

sub-section (4) of section 31;

(zb) the rules regulating the proceedings before the Controller under section 32;

(zc) the time which shall be granted to the applicants for being heard by the Controller under

section 33;

(zd) the fee to be accompanied with an appeal under sub-section (1) of section 36;

(ze) any other matter which is required to be, or may be, prescribed.

(3) The power to make rules under this section shall be subject to the conditions of the rules being

made after previous publication.

(4) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House

of Parliament, while it is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that Act.

CHAPTER XI

REPEAL AND SAVING

**48. Repeal and savings.—(1) The Designs Act, 1911 (2 of 1911) is hereby repealed.**

(2) Without prejudice to the provisions contained in the General Clauses Act, 1897 (10 of 1897) with

respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decision,
determination, direction, approval, authorisation, consent, application, request or thing made, issued,
given or done under the Designs Act, 1911 (2 of 1911), shall, in force at the commencement of this Act,
continue to be in force and have effect as if made, issued, given or done under the corresponding
provisions of this Act.

(3) The provisions of this Act shall apply to all applications for registration of designs pending at the

commencement of this Act and to any proceedings consequent thereon and to any registration granted in
pursuance thereof.

(4) Notwithstanding anything contained in this Act, any proceeding pending in any court at the

commencement of this Act may be continued in that court as if this Act has not been passed.

(5) Notwithstanding anything contained in sub-section (2), the date of expiration of the copyright in

the design registered before the commencement of this Act shall, subject to the provisions of this Act, be
the date immediately after the period of five years for which it was registered or the date immediately
after the period of five years for which the extension of the period of copyright for a second period from
the expiration of the original period has been made.

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