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THE DESIGNS ACT, 2000


Published: 2000-05-25

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THE DESIGNS ACT, 2000
ACT NO. 16 OF 2000
[25th May, 2000]


An Act to consolidate and amend the law relating to protection of

designs.



BE it enacted by Parliament in the Fifty-first Year of the Republic of

India as follows:-


CHAP
PRELIMINARY


Chapter

Preliminary


1.
Short title, extent and commencement.


1. Short title, extent and commencement.-(1) This Act may be called

the Designs Act, 2000.



(2) It extends to the whole of India.



(3) It shall come into force on such date 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 commencem nt of this Act shall

be construed as a reference to the coming into force of that

provision.


2.
Definitions.


2. Definitions.-In this Act, unless there is anything repugnant in

the subject or context,-



(a) "article" means any article of manufacture and any substance,

artificial, or partly artificial and partly natural; and includes any

part of an article capable of being made and sold separately;



(b) "Controller" means the Controller-General of Patents, Designs and

Trade Marks referred to in section 3;



(c) "copyright" means the exclusive right to apply a design to any

article in any class in which the design is registered;



(d) "design" means only the features of shape, configuration, pattern,

ornament or composition of lines or colours applied to any article

whether in two dimensional or three dimensional or in both forms, by

any industrial process or means, whether manual mechanical or

chemical, separate or combined, which in the finished article appeal

to and are judged solely by the eye; but does not include any mode or

principle of construction or anything which is in substance a mere

mechanical device, and does not include any trade mark as defined in

clause (v) of sub-section (1) of section 2 of the Trade and

Merchandise Marks Act, 1958 (43 of 1958) or property mark as defined

in section 479 of the Indian Penal Code (45 of 1860) or any artistic

work as defined in clause (c) of section 2 of the Copyright Act, 1957

o(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 b 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.


CHAP
REGISTRATION OF DESIGNS


Chapter II

Registration of Designs


3.
Controller and other officers.


3. Controller and other officers.-(1) The Controller-General of

Patents, Designs and Trade Marks appointed under sub-section (1) of

section 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958)

shall be the Controller of Designs for the purposes of this Act.



(2) For the purposes of this Act, the Central Government may appoint

as many examiners and other officers with such designations as it

thinks fit.



(3) Subject to the provisions of this Act, the officers appointed

under sub-section (2) shall discharge under the superintendence and

directions of the Controller such functions of the Controller under

this Act as he may, from time to time, by general or special order in

writing, authorise them to discharge.



(4) Without prejudice to the generality of the provisions of

sub-section (3), the Controller may, by order in writing and for

reasons to be recorded therein, withdraw any matter pending before an

officer appointed under sub-section (2) and deal with such matter

himself either de novo or from the stage it was so withdrawn or

transfer the same to another officer appointed under sub-section (2)

who may, subject to special directions in the order of transfer,

proceed with the matter either de novo or from th stage it was so

transferred.


4.
Prohibition of registration of certain designs.


4. Prohibition of registration of certain designs.-A design which-



(a) is not new or original; or



(b) has been disclosed to the public any where in India or in any

other country by publication in tangible form or by use or in any

other way prior to the filing date, or where applicable, the priority

date of the application for registration; or



(c) is not significantly distinguishable from known designs or

combination of known designs; or



(d) comprises or contains scandalous or obscene matter, shall not be

registered.


5.
Application for registration of designs.


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 the eunder and consider the report of the examiner on such

reference.



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

form and shall be filed in the patent office in the prescribed manner

and shall be accompanied by the prescribed fee.



(3) A design may be registered in not more than one class, and, in

case of doubt as to the class in which a design ought to be

registered, the Controller may decide the question.



(4) The Controller may, if he thinks fit, refuse to register any

design presented to him for registration; but any person aggrieved by

any such refusal may appeal to the High Court.



(5) An application which, owing to any default or neglect on the part

of the applicant, has not been completed so as to enable registration

to be effected within the prescribed time shall be deemed to be

abandoned.



(6) A design when registered shall be registered as of the date of the

application for registration.


6.
Registration to be in respect of particular article.


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 b refused, nor

shall the registration thereof invalidated-



(a) on the ground of the design not being a new or original design, by

reason only that it was so previously registered; or



(b) on the ground of the design having been previously published in

India or in any other country, by reason only that it has been applied

to article in respect of which it was previously registered: Provided

that such subsequent registration shall not extend the period of

copyright in the design beyond that arising from previous

registration.



(4) Where any person makes an application for the registration of a

design in respect of any article and either-



(a) that design has been previously registered by another person in

respect of some other article; or



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

previously registered by another person in respect of the same or some

other article with modifications or variations not sufficient to alter

the character or substantially to affect the identity thereof, then,

if at any time while the application is pending the applicant becomes

the registered proprietor of the design previously registered, the

foregoing provisions of this section shall apply as if at the time of

making the application, the applicant, has been the registered

proprietor of that design.


7.
Publication of particulars of registered designs.


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 thereaf er the

design shall be open to public inspection.


8.
Power of Controller to make orders regarding substitution ofapplication, etc.


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 shar 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 ap licants, 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

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 repr sentative 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, o for both those purposes, as the case

may require.


9.
Certificate of registration.


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.


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 regi tered

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 register shall be construed as the reference to

the entry so maintained on computer floppies or iskettes.



(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.


CHAP
COPYRIGHT IN REGISTERED DESIGNS


CHAPTER III

COPYRIGHT IN REGISTERED DESIGNS


11.
Copyright on registration.


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.


12.
Restoration of lapsed designs.


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 th 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 f the design in the prescribed manner on payment

of such fee as may be prescribed.



(2) An application under this section shall contain a statement,

verified in the prescribed manner, fully setting out the circumstances

which led to the failure to pay the prescribed fee, and the Controller

may require from the applicant such further evidence as he may think

necessary.


13.
Procedure for disposal of applications for restoration of lapseddesigns.


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 extens on 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 be n so entered.


14.
Rights of proprietor of lapsed design which have been restored.


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 C

ntroller 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 he 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 r storation of the

design.


15
Requirements before delivery on sales.


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 g ving 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

infringement of his copyright in the design unless he shows that he

took all proper steps to ensure the marking of the article, or unless

he shows that the infringement took place after the person guilty

thereof knew or had received notice of the entitled to recover any

penalty or damages in respec of any 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 requ rements 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 i thinks fit.


16
Effect of disclosure on copyright.


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 b each 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 th design sufficient to invalidate the

copyright thereof if registration thereof is obtained subsequently to

the disclosure or acceptance.


17
Inspection of registered designs.


17. Inspection of registered designs.-(1) During the existence of

copyright in a design, any person on furnishing such information as

may enable the Controller to identify the design and on payment of the

prescribed fee may inspect the design in the prescribed manner.



(2) Any person may, on an application to the Controller and on payment

of such fee as may be prescribed, obtain a certified copy of any

registered design.


18
Information as to existence o copyright.


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 registra ion still

exists in respect of the design, and, if so, in respect of what

classes of articles, and shall state the date of registration, and the

name and address of the registered proprietor.


19.
Cancellation of registration.


19. Cancellation of registration.-(1) Any person interested may

present a petition for the cancellation of the registration of a

design at any time after the registration of the design, to the

Controller on any of the following grounds, namely:-



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



(b) that it has been published in India or in any other country prior

to the date of registration; or



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



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



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



(2) An appeal shall lie from any order of the Controller under this

section to the High Court, and the Controller may at any time refer

any such petition to the High Court, and the High Court shall decide

any petition so referred.


20
Designs to bind Government.


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 design as they apply to patents.


CHAP
INDUSTRIAL AND INTERNATIONAL EXHIBITIONS


CHAPTER IV

INDUSTRIAL AND INTERNATIONAL EXHIBITIONS


21.
Provisions as to 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 dur ng 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.


CHAP
LEGAL PROCEEDINGS


CHAPTER V

LEGAL PROCEDINGS


22.
Piracy of registered design.


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 pu lished 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 roceeding

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.


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


23. Application of certain provisions of the Act as to patents to

designs.-The provisions of the Patents Act, 1970 (39 of 1970) with

regard to certificates of the validity of a patent, and to the remedy

in case of groundless threats of legal proceedings y 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 fo references to the patentee, and of

references to the design for references to the invention.


CHAP
GENERAL


CHAPTER VI

GENERAL


24
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 iof trust not to be entered in registers.


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.


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.


27
Privilege of reports of Controller.


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., whereapplication

abandoned, etc.


28. Prohibition and publication of specification, drawings, etc.,

where application abandoned, etc.-Where an application for a design

has been abandoned or refused, the application and any drawings,

photographs, tracings, representations or specimens lef 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 error.


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.


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 Controlle 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 app ication 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 be ween 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.



(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 co rt in proof of the

title to copyright in a design or to any interest therein, unless the

court, for reasons to be recorded in writing, otherwise directs.


31
Rectification of register.


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.


CHAP
POWERS AND DUTIES OF CONTROLLER


CHAPTER VII

POWERS AND DUTIES OF CONTROLLER


32
Powers of Controller in proceedings under Act.


32. Powers of Controller in proceedings under Act.-Subject to any

rules made in this behalf, the Controller in any proceedings before

him under this Act shall have the powers of a civil court for the

purpose of receiving evidence, administering oaths, nforcing 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 o that court.




33
Exercise of discretionary power by Controller.


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.


34
Power of Controller to take directions of the Central Government.


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.


35. Refusal to register a design in certain cases.-(1) The Controller

may refuse to register a design of which the use would, in his

opinion, be contrary to public order or morality.



(2) An appeal shall lie to the High Court from an order of the

Controller under this section.


36
Appeals to the High Court.


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.


CHAP
EVIDENCE, ETC.


CHAPTER VIII

EVIDENCE, ETC.


37
Evidence before the Controller.


37. Evidence before the Controller.-Subject to any rules made under

section 44, in any proceeding under this Act before the Controller,

the evidence shall be given by affidavit in the absence of directions

by the Controller to the contrary; but in any case in which the

Controller thinks it right so to do he may take evidence viva voce in

lieu of or in addition to evidence by affidavit or may allow any party

to be cross-examined on the contents of his affidavit.


38
Certificate of Controller to be evidence.


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 f 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.


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 ke t there, shall be admitted

in evidence in all courts in India, and in all proceedings, without

further proof or production of the originals:



Provided that a court may, if it has reason to doubt the accuracy or

authenticity of the copies tendered in evidence, require the

production of the originals or such further proof as it considers

necessary.


40
Application and notices by post.


40. Application and notices by post.-Any application, notice or other

document authorized or required to be left, made or given at the

patent office or to the Controller, or to any other person under this

Act, may be sent by post.


41
Declaration by infanct, lunatic, etc.


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 restrctive conditions.


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-



(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 su plied 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, whe her 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 resp ct 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 comme cement.


CHAP
AGENCY


CHAPTER IX

AGENCY


43
Agency.


43. Agency.-(1) All applications and communications to the Controller

under this Act may be signed by, and all attendances upon the

Controller may be made by or through a legal practitioner or by or

through an agent whose name maintained under section 125 of the

Patents Act, 1970 (39 of 1970) and address had been enter d in the

register of patent agents (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.


CHAP
POWERS, ETC., OF CENTRAL GOVERNMENT


CHAPTER X

POWERS, ETC., OF CENTRAL GOVERNMENT


44
Reciprocal arrangement with the United Kingdom and othe conventioncountries or

group of countries or inter-governmental organizations.


44. Reciprocal arrangement with the United Kingdom and other

convention countries or group of countries or inter-governmental

organizations.-(1) Any person who has applied for protection for any

design in the United Kingdom or any of other convention cou tries 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 un er 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 or anisations, 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 appli ation 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 entral

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 a ditions, 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 organisat on, 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 Pari 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 rganisation 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-gover mental organisations,

the period of six months referred to in clause (a) of that sub-section

shall be reckoned from the date of which the earlier or the earliest

application, as the case may be, of such applications has been made.




45
Report of the Controller to be placed before Parliament.


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.


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 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.

prejudicial to the interest of the security of India; and



(b) take 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 direct y 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.


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;



(b) the time within which the registration is to be effected under

sub-section (5) of section 5;



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

(1) of section 6;



(d) the particulars of design to be published and the manner of their

publication under section 7;



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



(f) the manner of making applications to the Controller under

sub-section (5) of section 8;



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

designs and the safeguards to be made in maintaining such register in

computer floppies or diskettes under sub-section (1) of section 10;



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

of the period of copyright under and the fee payable thereto,

sub-section (2) of section 11;



(i) the manner of making application for restoration of design and the

fee to be paid with it under sub-section (1) of section 12;



(j) the manner of verification of statement contained in an

application under sub-section (2) of section 12;



(k) the additional fee to be paid for restoration of the registration

of design under sub-section (1) of section 13;



(l) the provisions subject to which the right of the registered

proprietor shall be under sub-section (1) of section 14.



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

furnished to the Controller under clause (a) of sub-section (1) of

section 15;



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

denoting that the design is registered under clause (b) of sub-section

(1) of section 15;



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

description of articles 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 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-s ction (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 hav 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.


CHAP
REPEAL AND SAVING


CHAPTER XI

REPEAL AND SAVING


48
Repeal and savings.


48. Repeal and savings.-(1) The Designs Act, 1911 (2 of 1911) is

hereby repealed.



(2) Without prejudice to the provisions contained in the

General Clauses Act, 1897 (10 of 1897) with respect to repeals, any

notification, rule, order, requirement, registration, certificate,

notice, decision, determination, direction, approval, authoris tion,

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 corresp nding 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 f ve 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 C. JAIN, Secy. to the Govt. of India.