WORLD TRADE ORGANIZATION
ORGANISATION MONDIALE DU COMMERCE
ORGANIZACIÓN MUNDIAL DEL COMERCIOIP/N/1/IND/D/1
25 October 2001
(01-5226)
Council for Trade-Related Aspects of
Intellectual Property RightsOriginal:  English/
anglais/
inglés
MAIN DEDICATED INTELLECTUAL PROPERTY
LAWS AND REGULATIONS NOTIFIED UNDER
ARTICLE 63.2 OF THE AGREEMENT
INDIA
The present document reproduces the text1 of the Designs Act, 2000, as notified by India
under Article 63.2 of the Agreement (see document IP/N/1/IND/2).
Conseil des aspects des droits de propriétéintellectuelle qui touchent au commerce
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE
DE L'ARTICLE 63:2 DE L'ACCORD
INDE
Le présent document contient le texte
1 de la Loi de 2000 sur les dessins et modèles, notifiée
par l'Inde au titre de l'article 63:2 de  l'Accord (voir le document IP/N/1/IND/2).
Consejo de los Aspectos de los Derechos de Propiedad
Intelectual relacionados con el Comercio
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD
DEL PÁRRAFO 2 DEL ARTÍCULO 63 DEL ACUERDO
INDIA
En el presente documento se reproduce el texto1 de la Ley de Dibujos y Modelos, de 2000,
que la India notificó de conformidad con lo dispuesto en el párrafo 2 del artículo 63 del Acuerdo
(véase el documento IP/N/1/IND/2).
                                                     
1 In English only./En anglais seulement./En inglés solamente.IP/N/1/IND/D/1
Page 2
Published in the Gazette of India (Extraordinary Part II-Section I)
dated May 12, 2000
THE DESIGNS ACT, 2000
No. 16 of 2000
[25th May, 2000]
An Act to consolidate and amend the law relating to protection of designs.
BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:-
CHAPTER 1
PRELIMINARY
Short title, extent and commencement .
1. (1) This Act may be called the Designs Act, 2000.
(2) It extends to the whole of India.(3) It shall come into force on such date 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.
Definitions
2. 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 articl e whether in two dimensional or three dimensionalIP/N/1/IND/D/1
Page 3
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 or property mark as defined in section 479
of the Indian Penal Code or any artistic work as defined in clause (c) of section 2 of the CopyrightAct, 1957.               43 of 1958, 45 of 1860, 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 or iginating 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.
CHAPTER II
REGISTRATION OF DESIGNS
Controller and other officers
3. (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 shall be the Controller of Designs for the
purposes of this Act.                43 of 1958
(2) For the purposes of this Act, the Central Government may appoint as many examiners and
other officers and with such designations, as it thinks fit.IP/N/1/IND/D/1
Page 4
(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.
Prohibition of registration of certain designs.
4. 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.
Application for registration of designs
5. (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 registration 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 designis 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.IP/N/1/IND/D/1
Page 5
(6) A design when registered shall be registered as of the date of the application for
registration.
Registration to be in respect of particular article.
6. (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 otherarticles 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 pendin g the applicant becomes the registered proprietor of
the design previously registered, the foregoing provisi ons of this section shall apply as if at the time of
making the application, the applicant, had been the registered proprietor of that design.
Publication particulars of registered designs
7. 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.
Power of Controller to make orders regarding substitution of application, etc.
8. (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  writingmade 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,IP/N/1/IND/D/1
Page 6
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 regi stration 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 ack nowledgement 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 surviors alone.
(5) If any dispute arises between joint applicants for registration of a design whether or in
what manner the application should be proceeded wi th, 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 inthe 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.
Certificate of registration.
9. (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.
Register of designs.
10. (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 tosuch safeguards as may be prescribed.IP/N/1/IND/D/1
Page 7
(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 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 co mmencement 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
Copyright on registration.
11. (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 year s, application for the extension of the period of
copyright is made to the Controller in the prescrib ed 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 ofthe original period of ten years.
Restoration of lapsed designs.
12. (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.
Procedure for disposal of applications for restoration of lapsed designs.
13. (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 c ondition 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.IP/N/1/IND/D/1
Page 8
Rights of proprietor of lapsed design which have been restored.
14. (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 benefitof 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.
Requirements before delivery on sales.
15. (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 took all proper stepsto 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 indus try 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.
Effect of disclosure on copyright.
16. 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 textiledesign 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.IP/N/1/IND/D/1
Page 9
Inspection of registered designs.
17. (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.
Information as to existence of copyright.
18. On  the  request of  any  person  furnishing such  information    as  may enable  the Controller
to identify the design, and on  payment of the pres cribed 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.
Cancellation of registration.
19. (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.
(2) An appeal shall lie from any order of the C ontroller 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.
Designs to bind Government.
20. 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.                    39of 1970
CHAPTER IV
I
NDUSTRIAL AND INTERNATIONAL EXHIBITIONS
Provisions as to exhibitions.
21. The exhibition of a design, or of any article to wh ich a design is applied, at an industrial or other
exhibition to which the  provisions of this section have been extended by the Central Government bynotification in the Official Gazette, or the publication of a description of the design, during or after theIP/N/1/IND/D/1
Page 10
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 else-where 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
L
EGAL PROCEEDINGS
Piracy of registered design.
22. (I) 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. (1) 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.IP/N/1/IND/D/1
Page 11
(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 asa 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.
Application of certain provisions of the Act as to patents to designs.
23. The provisions of the Patents Act, 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 substitutionof  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.           39 of 1970
CHAPTER VI
G
ENERAL
Fees
Fees.
24. (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 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.
 Notice of trust not to be entered in registers
25. 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.
Inspection of and extracts from registers.
26. 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:IP/N/1/IND/D/1
Page 12
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.
Privilege of reports of Controller.
27. 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.
Prohibition and publication of specification, drawings, etc where application abandoned, etc
28. Where an application for a design has been abandoned or refused, theapplication 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.
.
Power of Controller to correct clerical errors.
29. 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 anydesign, or in any other matter, which is entered upon the register of designs.
Entry of assignment and transmissions in registers
30. (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 Controll er 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 mortga gee, 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 ex ecution 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 de sign 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:IP/N/1/IND/D/1
Page 13
Provided that any equities in respect of th e design may be enforced in like manner as in
respect of any other moveable 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 c ourt 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.
Rectification of register.
31. (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 byany entry  made  in such register  without suffic ient  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 w ho 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
Power of Controller in proceedings under Act.
32. 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 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.
Exercise of discretionary power by Controller.
33. 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) givi ng the applicant an opportunity of being heard.IP/N/1/IND/D/1
Page 14
Power of Controller to take directions of the Central Government
34. The  Controller  may, in any  case  of  doubt or  difficulty  arising  in the administration of
any of the provisions of this Act, apply to th e Central Government for directions in the matter.
Refusal to register a design in certain cases.
35. (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.
Appeals to the High Court.
36. (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.
Evidence before the Controller
37. 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 Controller  thinks it right so to do he may take evidence viva
voce in lieu of or in addition to evidence by affida vit or may allow any party to be cross examined on
the contents of his affidavit.
Certificate of Controller to be evidence
38. A certificate purporting to be under the hand of the Controller as 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.
Evidence of documents in Patent Office
39. 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:IP/N/1/IND/D/1
Page 15
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.
Applications and notices by post.
40. 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.
Declaration by infant lunatic, etc.
41. (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.
Avoidance of certain restrictive conditions.
42. (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-
(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, orlicensor 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 hisnominee,
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 failing 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.IP/N/1/IND/D/1
Page 16
(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 withouthis 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 respectof which a design is registered, as may be required or to put or keep it in repair.
(5) The provisions 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
Agency.
43. (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.IP/N/1/IND/D/1
Page 17
CHAPTER – X
POWERS, ETC. OF CENTRAL GOVERNMENT
Reciprocal arrangement with the United Kingdo m and other convention countries or group of
countries or inter-governmental organisations.
44. (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 application in the UnitedKingdom 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 casemay 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 ofIndustrial 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) have
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 sixIP/N/1/IND/D/1
Page 18
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.
Report of the Controller to be placed before Parliament.
45. 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.
Provision of security of India.
46. 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 interestof the security of India.
Explanation: -  For the purposes of this section, the expression “security of India” means any action
necessary for the security of Indian 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 militaryestablishment or for the purposes of war or other emergency in international relations.
Power of Central Government to make rules.
47. (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;
(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 copy-
right and the fee payable thereto, under sub-section ( 2) of section 11;IP/N/1/IND/D/1
Page 19
(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;
(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 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 withparticulars of the instrument, if any, creating such interest under sub-section ( 2) of section
30;
(y) the manner of filing the application for registration and for making application for
extension of time as referred  to in sub-section ( 3) of section 30;IP/N/1/IND/D/1
Page 20
(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 th e successive session aforesaid, both House 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
Repeal and savings.
48. (1) The Designs Act, 1911 is hereby repealed.                               2 of 1911
 (2) Without  prejudice to the provisions  contained in the Gentral Clauses Act, 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, 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 correspondingprovisions of this Act.          10 of 1897,   2 of 1911
(3) The provisions of this Act shall apply to  any 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.IP/N/1/IND/D/1
Page 21
(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.
SUBHASH CHANDRA JAIN
Secretary to the Govt. of India
__________