THE DESIGNS ACT, 2000 
_______ 

ARRANGEMENT OF SECTIONS 
_______ 

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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CHAPTER VI 

GENERAL 

Fees 

SECTIONS 

24.  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. 

43.  Agency. 

CHAPTER IX 

AGENCY 

CHAPTER X 

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

POWERS, ETC., OF CENTRAL GOVERNMENT 

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. 

48.  Repeal and savings. 

CHAPTER XI 

REPEAL AND SAVINGS 

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THE DESIGNS ACT, 2000 

ACT NO. 16 OF 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:— 

[25th May, 2000.] 

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  date1  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.  11th  May,  2001,  vide  notification  No.  S.O.  414(E),  dated  11th  May,  2001,  see  Gazette  of  India,  Extraordinary,  Part  II,         

sec. 3(ii). 

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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 

Controller whose decision in the matter shall be final. 

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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 
manner the application should be proceeded with, the Controller may, upon application made to him in 

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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 
compensation  of  persons  who  may  have  begun  to  avail  themselves  of,  or  have  taken  definite  steps  by 

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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 
the instrument, if any, creating such interest. 

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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 
under  this  Act  shall  be  in  priority  to  other  applicants  and  shall  have  the  same  date  as  the  date  of  the 

12 

 
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 inter-
governmental  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; 

14 

 
(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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