The Designs Act, 2000 8.

77

THE DESIGNS ACT, 2000

INTRODUCTION
In 1911 the Designs Act was passed by the then British Government in India,
Since then extensive amendments have been made in the Designs Act. In the
meanwhile India has made tremendous progress in the field of science and
technology. There has been considerable increase in the registration of designs.
To provide more effective protection to registered designs and to promote design
activity in order to promote design element in an article of production it has
become necessary to make the legal system of providing protection to industrial
designs more efficient. It is also intended to ensure that the law does not
unnecessarily extend protection beyond what is necessary to create the required
incentive for design activity while removing impediments to the free use of
available designs. To achieve these objectives and in order to repeal the Designs
Act, 1911 which has been extensively amended, the Designs Bill was introduced
in the Parliament.
STATEMENT OF OBJECTS AND REASONS
Since the enactment of the Designs Act, 1911 considerable progress has been
made in the field of science and technology. The legal system of the protection
of industrial designs requires to be made more efficient in order to ensure
effective protection to registered designs. It is also required to promote design
activity in order to promote the design element in an article of production. The
proposed Designs Bill is essentially aimed to balance these interests. It is also
intended to ensure that the law does not unnecessarily extend protection beyond
what is necessary to create the required incentive for design activity while
removing impediments to the free use of available designs. To achieve these
purposes, the Bill incorporates inter alia, the following, namely:—
(a) it enlarges the scope of definition of “article” and “design” and
introduces definition of “original”;
(b) it amplifies the scope of ‘prior publication’;
(c) it incorporates the provisions for delegation of powers of the
Controller to other officers and duties of examiners;
(d) it contains provisions for identification of non-registerable designs;
(e) it contains provision for substitution of application before
registration of a design;
(f) it introduces internationally followed system of classification in the
place of Indian classification;
(g) it contains provision for maintaining the Register of designs on
computer;
(h) it contains provision for restoration of lapsed designs;
(i) it contains provision for appeal against order of the Controller before
the High Court instead of Central Government as existing;
(j) it revokes the period of secrecy of two years of a registered design;

8.77
8.78 The Designs Act, 2000

(k) it provides for compulsory registration of any document for transfer

of right in the registered design;
(l) it introduces additional grounds in cancellation proceedings and
makes provision for initiating the cancellation proceedings before
the Controller in place of High Court;
(m) it enhances the quantum of penalty imposed for infringement of
registered design;
(n) it contains provisions for grounds of cancellation to be taken as
defence in the infringement proceedings to be initiated in any court
not below the court of the District Judge;
(o) it enhances initial period of registration from 5 to 10 years, to be
followed by a further extension of a period of five years;
(p) it contains provisions for allowing of priority to other convention
countries and countries belonging to the group of countries or inter-
governmental organizations apart from United Kingdom and other
Commonwealth countries;
(q) it contains provisions for avoidance of certain restrictive conditions
for the control of anti-competitive practices in contractual licences;
(r) it contains specific provisions to protect the security of India.
2. In view of the extensive amendments necessitated in the Designs Act,
1911, it has been thought fit to repeal and re-enact the said Act incorporating the
necessary changes.
3. The Bill seeks to achieve the above object.
ACT 16 OF 2000
The Designs Bill having been passed by both the Houses of Parliament
received the assent of the President on 25th May, 2000. It came on the Statute
Book as THE DESIGNS ACT, 2000 (16 of 2000).
 The Designs Act, 2000 8.79

THE DESIGNS ACT, 2000

(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 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

1. Came into force on 11-5-2001, vide S.O. 414(E), dated 11th May, 2001, published in the Gazette
of India, Extra., Pt. II, Sec. 3(ii), dated 11th May, 2001.

8.79
8.80 The Designs Act, 2000 [Sec. 2
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
(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.
COMMENTS
Design means that a feature or a pattern which is registered with the registering
authority for being produced on a particular article by any industrial process whether
manual, mechanical or chemical or by any other means which appears in a finished
article and which can be judged solely by eye appeal; Bharat Glass Tube Ltd. v. Gopal Glass
Works Ltd., 2008 (10) SCC 657: 2008 (7) SCR 397.

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.
Sec. 5] The Designs Act, 2000 8.81

(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.
COMMENTS
The words ‘new or original’ mean that the design which has been registered has not
been published anywhere or it has not been made known to the public. It had been
invented for the first time or it has not been reproduced by anyone; Bharat Glass Tube Ltd.
v. Gopal Glass Works Ltd., 2008 (10) SCC 657: 2008 (7) SCR 397.
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.
8.82 The Designs Act, 2000 [Sec. 5
(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.
(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
Sec. 8] The Designs Act, 2000 8.83

(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.

COMMENTS

Whenever registration is required then the configuration has to be chosen for

registration to be reproduced in any article. The reason is that the design has to be
registered which is sought to be reproduced on any article, i.e., both the things are
required to go together, i.e., design and the design which is to be applied to an article;
Bharat Glass Tube Ltd v. Gopal Glass Works Ltd., 2008 (10) SCC 657: 2008 (7) SCR 397.

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 acknowledgment by the
person by whom the assignment or agreement was made that the
8.84 The Designs Act, 2000 [Sec. 8
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 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.

COMMENTS

This section deals with the powers of the Controller to make orders regarding
substitution of applications, etc. It allows applications for registration of a design to
proceed, subject to the restrictions contained therein, in the name of the claimant or in the
names of the claimants application to any new name by operation of law. Sub-section (4)
deals with joint applicants when any of such applicants dies. Sub-section (5) deals with
disputes between joint applicants for registration of a design before the Controller.

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
or diskettes under sub-section (1), any reference in this Act to any entry in the
Sec. 12] The Designs Act, 2000 8.85

register shall be construed as the reference to the 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.

COMMENTS

This section provides for keeping, at the parent office, a book called the register of
designs containing names and addresses of registered designs, notifications of
assignments and of transmissions of registered designs and such other matters as may
be prescribed. It also provides for the maintenance of the register of designs either
wholly or partly in computer floppies or diskettes subject to the safeguards as may be
prescribed.

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 copyright
for a second period of five years from the expiration of the original period of ten
years.

COMMENTS

This section provides that when a design is registered of, the proprietor of the design
shall have copyright in the design during ten years from the dae of registration.

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.
8.86 The Designs Act, 2000 [Sec. 12
COMMENTS
This section deals with the registration of lapsed designs. It provides that the
Controller can restore registration of lapsed designs, if such registration had ceased to
have effect by reason of failure to pay the fee for extension of copyright, on receipt of
necessary application, statement verified in the prescribed manner and on payment of
prescribed fee.

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 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 furnished 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) cause 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
Sec. 19] The Designs Act, 2000 8.87

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.
COMMENTS
This section provides that during the existence of copyright in a design, any person
on furnishing information to identify the design and on payment of prescribed fee can
inspect the 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.
COMMENTS
This section deals with information as to existence of copyright. It enables the
Controller on the request of any person on furnishing information to identify the design,
and on payment of prescribed fees to furnish the person information about the existence
of the registration of the design, the classes of articles in respect of which the registration
subsists, 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:—
8.88 The Designs Act, 2000 [Sec. 19

(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 registerable under this Act; or
(e) that it is not a design as defined under clause (d) of section 2.
(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.
COMMENTS
This section deals with cancellation of registration of designs. It provides that any
person can present a petition to the Controller for the cancellation of the registration of
a design on the grounds that (i) it has been previously registered in India, or (ii) it has
been published in India or in any other country prior to the date of registration, or (iii)
it is not a new or original design, or (iv) it is not registerable under the Act, or (v) it is
not a design as defined under clause (d) of section 2 of the Act. An appeal against the
order of the Controller can be made to the High Court.
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.
COMMENTS
This section provides that 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 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.
Sec. 22] The Designs Act, 2000 8.89

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
licence 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), every
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 on which the registration of a design may be cancelled
under section 19 has been availed of as a ground of defence and sub-section (3)
in any suit or other proceeding for relief under sub-section (2), the suit or such
other proceeding 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.
COMMENTS
This section provides that if any person acts in contravention of the section he is
liable for every such contravention to pay to the registered proprietor of the design a sum
8.90 The Designs Act, 2000 [Sec. 22
not exceeding twenty-five thousand rupees recoverable as a contract debt or if the
proprietor elects to bring a suit for the recovery of the damages for any such
contravention, and for any injunction against the repetition thereof, to pay such damages
as may be awarded and to be restrained by injunction accordingly and the total sum
recoverable shall not exceed fifty thousand rupees.
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 the 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 print out of the relevant entry in the register so
maintained on computer.
COMMENTS
This section provides that every register kept under this Act shall at all convenient
times be opened to inspection of the public. Any person can obtain certified copies of any
entry in the register on making necessary request accompanied by the prescribed fees.
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,
Sec. 30] The Designs Act, 2000 8.91

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.
COMMENTS
This section provides that 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 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, 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.
(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 the 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 licences 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.
8.92 The Designs Act, 2000 [Sec. 30

(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 reason 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.
COMMENTS
This section lays down the procedure for rectification of any entry in the register of
designs. It provides that an appeal against the order of the Controller shall lie to the High
Court.

CHAPTER VII
POWERS AND DUTIES OF CONTROLLER
32. Powers of Controller in proceedings under Act.—Subject to any rules 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 the 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.
Sec. 38] The Designs Act, 2000 8.93

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.
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.
COMMENTS
This section provides that Controller can refuse to register a design of which the use
would be contrary to public order. Appeal against the order of the Controller lies to the
High Court.
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 may make rules consistent with this Act as to the conduct
and procedure of all proceedings under this Act before it.
COMMENTS
This section provides that an appeal to the High Court is to be made within three
months of the date of the order passed by the Controller.

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.
COMMENTS
This section provides that in any proceeding before the Controller the evidence shall
be given by affidavit and the Controller may take evidence by viva voce in lieu of or in
addition to evidence by affidavit. He may also allow any party to be cross-examined on
the contents of an 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.
8.94 The Designs Act, 2000 [Sec. 38
COMMENTS
This section provides that any certificate issued by the Controller in relation to any
entry, matter or thing which he is authorised 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 the 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.
COMMENTS
This section provides that any matter certified by the Controller and sealed with the
seal of patent office can be admitted as evidence in all courts. However, a court may, if
it has reason to doubt the accuracy or authenticity of 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.
COMMENTS
This section provides that any application, notice or other document authorised or
required to be left, made or given at the patent office or to the Controller or to any other
person, 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,
condition the effect of which may be—
Sec. 43] The Designs Act, 2000 8.95

(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 a 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
8.96 The Designs Act, 2000 [Sec. 43

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.
COMMENTS
This section provides that all applications and communications to the Controller 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.

CHAPTER X
POWERS, ETC., OF CENTRAL GOVERNMENT
44. Reciprocal arrangement with the United Kingdom and other
convention countries or group of countries or inter-governmental
organisations.—(1) Any person who has applied for protection for any design in
the United Kingdom or any or 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
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
Sec. 47] The Designs Act, 2000 8.97

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 organizations, 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 provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
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;
8.98 The Designs Act, 2000 [Sec. 47

(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 and the fee payable thereto, under 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 and 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;
Sec. 48] The Designs Act, 2000 8.99

(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 requests 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 instrument 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;
(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 SAVINGS
48. Repeal and savings.—(1) The Designs Act, 1911 (2 of 1911) is hereby
repealed.
8.100 The Designs Act, 2000 [Sec. 48

(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 designs 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.

—————