THE DESIGNS ACT, 2000

PREAMBLE

What is the Act number of the Designs Act, 2000?

Act No. 16 of 2000.

On what date was the Designs Act, 2000 enacted?

25th May, 2000.

What is stated in the preamble of the Designs Act, 2000?

It is an Act to consolidate and amend the law relating to protection of designs.

By whom was the Designs Act, 2000 enacted?

The Designs Act, 2000 was enacted by Parliament.

In which year of the Republic of India was the Designs Act, 2000 enacted?

The Designs Act, 2000 was enacted in the Fifty-first Year of the Republic of India.

CHAPTER I

PRELIMINARY

What is the short title of the Act under Section 1(1)?

The Act may be called the Designs Act, 2000.

What is the extent of the Designs Act, 2000 under Section 1(2)?

It extends to the whole of India.

How does the Designs Act, 2000 come into force under Section 1(3)?

It comes into force on such date as the Central Government may appoint by notification in the Official Gazette.(11^TH May, 2001)

Can different dates be appointed for different provisions under Section 1(3)?

Yes, different dates may be appointed for different provisions of the Act.

How shall references to commencement of the Act be construed under Section 1(3)?

References shall be construed as references to the coming into force of the particular provision.

What is the subject matter of Section 2 of the Designs Act, 2000?

Definitions.

When do the definitions under Section 2 apply?

The definitions apply unless there is anything repugnant in the subject or context.

What is meant by “article” under Section 2(a)?

“Article” means any article of manufacture and any substance, artificial, or partly artificial and partly natural.

What is included within the meaning of “article” under Section 2(a)?

“Article” includes any part of an article capable of being made and sold separately.

Who is the “Controller” under Section 2(b)?

“Controller” means the Controller-General of Patents, Designs and Trade Marks referred to in section 3.

What is meant by “copyright” under Section 2(c)?

“Copyright” means the exclusive right to apply a design to any article in any class in which the design is registered.

What is meant by “design” under Section 2(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 which in the finished article appeal to and are judged solely by the eye.

What forms of application of a design are recognised under Section 2(d)?

A design may be applied in two dimensional or three dimensional or in both forms.

By what processes or means may a design be applied under Section 2(d)?

A design may be applied by any industrial process or means, whether manual, mechanical or chemical, separate or combined.

What essential requirement must a design satisfy under Section 2(d)?

In the finished article the features must appeal to and be judged solely by the eye.

What is excluded from the meaning of “design” under Section 2(d) relating to construction?

“Design” does not include any mode or principle of construction.

What is excluded from the meaning of “design” under Section 2(d) relating to mechanical devices?

“Design” does not include anything which is in substance a mere mechanical device.

What trade mark exclusion is provided under Section 2(d)?

“Design” 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.

What property mark exclusion is provided under Section 2(d)?

“Design” does not include any property mark as defined in section 345(1) of the BNS.

What artistic work exclusion is provided under Section 2(d)?

“Design” does not include any artistic work as defined in clause (c) of section 2 of the Copyright Act, 1957.

What is the meaning of “High Court” under Section 2(e)?

“High Court” shall have the same meaning as assigned to it in clause (i) of section 2 of the Patents Act, 1970.

What is meant by “legal representative” under Section 2(f)?

“Legal representative” means a person who in law represents the estate of a deceased person.

What is meant by “original” in relation to a design under Section 2(g)?

“Original”, in relation to a design, means originating from the author of such design.

What is included within the meaning of “original” under Section 2(g)?

“Original” includes cases which though old in themselves yet are new in their application.

What is meant by “Patent Office” under Section 2(h)?

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

What is meant by “prescribed” under Section 2(i)?

“Prescribed” means prescribed by rules made under this Act.

Who is the proprietor of a new or original design under Section 2(j)(i)?

Where the author of the design for good consideration executes the work for some other person, the proprietor means the person for whom the design is so executed.

Who is the proprietor of a new or original design under Section 2(j)(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, the proprietor means the person by whom the design or right is so acquired.

To what extent does proprietorship arise under Section 2(j)(ii)?

Proprietorship arises in the respect and to the extent in and to which the design or right has been so acquired.

Who is the proprietor of a new or original design under Section 2(j)(iii) in any other case?

In any other case, the proprietor means the author of the design.

Who is included within the meaning of proprietor under Section 2(j)(iii) where the property in the design has devolved from the original proprietor?

Where the property in the design has devolved from the original proprietor upon any other person, proprietor includes that other person.

Who is included within the meaning of proprietor under Section 2(j)(iii) where the right to apply the design has devolved from the original proprietor?

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

CHAPTER II

REGISTRATION OF DESIGNS

What is the subject matter of Section 3 of the Designs Act, 2000?

Controller and other officers.

Who shall be the Controller of Designs under Section 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.

What power is conferred on the Central Government under Section 3(2)?

The Central Government may appoint as many examiners and other officers with such designations as it thinks fit for the purposes of this Act.

Under whose superintendence and directions shall officers appointed under Section 3(2) discharge functions under Section 3(3)?

The officers shall discharge functions under the superintendence and directions of the Controller.

What functions may officers appointed under Section 3(2) discharge under Section 3(3)?

The officers may discharge such functions of the Controller under the Act as he may authorise them to discharge.

How may the Controller authorise officers under Section 3(3) to discharge functions?

The Controller may authorise officers by general or special order in writing.

What condition is imposed under Section 3(3) on discharge of functions by officers appointed under Section 3(2)?

The discharge of functions shall be subject to the provisions of the Act.

What power is conferred on the Controller under Section 3(4) regarding matters pending before officers?

The Controller may withdraw any matter pending before an officer appointed under sub-section (2) and deal with the matter himself or transfer it to another officer.

What conditions must be satisfied before withdrawal of a matter by the Controller under Section 3(4)?

The Controller must make an order in writing and record reasons therein.

How may the Controller deal with a matter withdrawn under Section 3(4)?

The Controller may deal with the matter himself either de novo or from the stage at which it was withdrawn.

What power of transfer is conferred on the Controller under Section 3(4)?

The Controller may transfer the matter to another officer appointed under sub-section (2).

How may the transferee officer proceed with the matter under Section 3(4)?

The transferee officer may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage at which it was transferred.

What is the effect of the opening words of Section 3(4)?

The powers under Section 3(4) operate without prejudice to the generality of the provisions of sub-section (3).

What is the subject matter of Section 4 of the Designs Act, 2000?

Prohibition of registration of certain designs.

What is the effect of Section 4 on designs covered under clauses (a) to (d)?

Such designs shall not be registered.

What prohibition is imposed under Section 4(a)?

A design which is not new or original shall not be registered.

What disclosure prior to application bars registration under Section 4(b)?

A design disclosed to the public anywhere in India or in any other country prior to the filing date or priority date of the application shall not be registered.

What modes of disclosure are recognised under Section 4(b)?

Disclosure may be by publication in tangible form or by use or in any other way.

What relevant date is considered for prior disclosure under Section 4(b)?

The relevant date is the filing date or, where applicable, the priority date of the application for registration.

What prohibition is imposed under Section 4(c)?

A design which is not significantly distinguishable from known designs or combination of known designs shall not be registered.

What prohibition relating to scandalous or obscene matter is contained in Section 4(d)?

A design which comprises or contains scandalous or obscene matter shall not be registered.

What is the subject matter of Section 5 of the Designs Act, 2000?

Application for registration of designs.

Who may apply for registration of a design under Section 5(1)?

Any person claiming to be the proprietor of any new or original design may apply for registration.

What condition regarding prior publication is imposed under Section 5(1)?

The design must not have been previously published in any country.

What condition relating to public order or morality is imposed under Section 5(1)?

The design must not be contrary to public order or morality.

What power is conferred on the Controller under Section 5(1)?

The Controller may register the design under the Act on the application of the proprietor.

What duty is imposed on the Controller under the proviso to Section 5(1) before registration of a design?

The Controller shall refer the application for examination by an examiner appointed under Section 3(2).

For what purpose shall the Controller refer the application under the proviso to Section 5(1)?

The application shall be examined as to whether the design is capable of being registered under the Act and the rules made thereunder.

What must the Controller consider under the proviso to Section 5(1)?

The Controller shall consider the report of the examiner on the reference.

In what form shall an application under Section 5(2) be made?

Every application shall be in the prescribed form.

Where shall an application under Section 5(2) be filed?

The application shall be filed in the patent office.

In what manner shall an application under Section 5(2) be filed?

The application shall be filed in the prescribed manner.

What must accompany an application under Section 5(2)?

The application shall be accompanied by the prescribed fee.

How many classes may a design be registered in under Section 5(3)?

A design may be registered in not more than one class.

Who decides the class in which a design ought to be registered under Section 5(3)?

The Controller may decide the question in case of doubt as to the class.

What power of refusal is conferred on the Controller under Section 5(4)?

The Controller may refuse to register any design presented for registration if he thinks fit.

What remedy is available against refusal of registration under Section 5(4)?

Any person aggrieved by the refusal may appeal to the High Court.

When shall an application be deemed to be abandoned under Section 5(5)?

An application not completed owing to default or neglect of the applicant within the prescribed time so as to enable registration to be effected shall be deemed to be abandoned.

What is the date of registration of a design under Section 5(6)?

A registered design shall be registered as of the date of the application for registration.

What is the subject matter of Section 6 of the Designs Act, 2000?

Registration to be in respect of particular article.

In respect of what articles may a design be registered under Section 6(1)?

A design may be registered in respect of any or all of the articles comprised in a prescribed class of articles.

Who determines questions relating to the class within which an article falls under Section 6(2)?

The Controller shall determine any question as to the class within which any article falls.

What is the effect of the Controller’s decision under Section 6(2)?

The decision of the Controller in the matter shall be final.

What protection is granted under Section 6(3) where a design is already registered in respect of an article in a class?

Registration of the design in respect of one or more other articles comprised in that class shall not be refused or invalidated on specified grounds.

What ground relating to novelty cannot be used for refusal or invalidation under Section 6(3)(a)?

Registration shall not be refused or invalidated on the ground that the design is not new or original merely because it was previously registered.

What ground relating to prior publication cannot be used for refusal or invalidation under Section 6(3)(b)?

Registration shall not be refused or invalidated on the ground that the design had been previously published in India or any other country merely because it had been applied to an article in respect of which it was previously registered.

What limitation is imposed by the proviso to Section 6(3)?

Subsequent registration shall not extend the period of copyright in the design beyond that arising from the previous registration.

What circumstance relating to previous registration is provided under Section 6(4)(a)?

The design applied for may have been previously registered by another person in respect of some other article.

What circumstance relating to modified or varied designs is provided under Section 6(4)(b)?

The design applied for may consist 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 affect the identity thereof.

What condition relating to proprietorship is required under Section 6(4) for applicability of the foregoing provisions of the section?

While the application is pending, the applicant must become the registered proprietor of the design previously registered.

What is the legal effect under Section 6(4) when the applicant becomes the registered proprietor of the previously registered design during pendency of the application?

The foregoing provisions of the section shall apply as if the applicant had been the registered proprietor of that design at the time of making the application.

What is the subject matter of Section 7 of the Designs Act, 2000?

Publication of particulars of registered designs.

What duty is imposed on the Controller under Section 7 after registration of a design?

The Controller shall cause publication of the prescribed particulars of the design.

When shall the Controller publish the particulars of a registered design under Section 7?

The Controller shall publish the particulars as soon as may be after the registration of the design.

What particulars are required to be published under Section 7?

The prescribed particulars of the design are required to be published.

In what manner shall publication under Section 7 be made?

Publication shall be made in such manner as may be prescribed.

What is the effect of publication under Section 7?

Thereafter the design shall be open to public inspection.

What is the subject matter of Section 8 of the Designs Act, 2000?

Power of Controller to make orders regarding substitution of application, etc.

At what stage may a claim be made under Section 8(1)?

A claim may be made at any time before a design has been registered.

In what manner shall a claim under Section 8(1) be made?

The claim shall be made in the prescribed manner.

What satisfaction is required for exercise of power by the Controller under Section 8(1)?

The Controller must be satisfied that by virtue of an assignment or agreement in writing made by the applicant or by operation of law, the claimant would be entitled to the design or interest therein if the design were registered.

What kinds of entitlement are recognised under Section 8(1)?

The claimant may be entitled to the design, to the interest of the applicant therein, or to an undivided share of the design or of that interest.

What sources of entitlement are recognised under Section 8(1)?

Entitlement may arise by virtue of any assignment or agreement in writing made by the applicant or one of the applicants or by operation of law.

What power is conferred on the Controller under Section 8(1)?

The Controller may direct that the application shall proceed in the name of the claimant or jointly in the names of the claimant and the applicant or other joint applicants.

How may an application proceed under Section 8(1) after direction by the Controller?

The application may proceed in the name of the claimant or in the names of the claimants and the applicant or other joint applicants as the case may require.

What restriction is imposed under Section 8(2) regarding assignments by joint applicants?

No direction shall be given by virtue of any assignment or agreement made by one of two or more joint applicants except with the consent of the other joint applicant or applicants.

What restriction is imposed under Section 8(3) regarding assignment or agreement for assignment of the benefit of a design?

No direction shall be given unless one of the conditions specified in clauses (a) to (d) is satisfied.

What condition relating to identification of the design is provided under Section 8(3)(a)?

The design must be identified in the assignment or agreement by reference to the number of the application for registration.

What condition relating to acknowledgement is provided under Section 8(3)(b)?

There must be produced to the Controller an acknowledgement by the person making the assignment or agreement that it relates to the design in respect of which the application is made.

What condition relating to court decision is provided under Section 8(3)(c)?

The rights of the claimant in respect of the design must have been finally established by the decision of a court.

What condition relating to directions of the Controller is provided under Section 8(3)(d)?

The Controller must give directions for enabling the application to proceed or for regulating the manner in which it should be proceeded with under sub-section (5).

What power is conferred on the Controller under Section 8(4) where one of joint applicants dies before registration of the design?

The Controller may direct that the application shall proceed in the name of the survivor or survivors alone.

What condition relating to request is imposed under Section 8(4)?

The request must be made by the survivor or survivors.

What condition relating to consent is imposed under Section 8(4)?

The consent of the legal representative of the deceased is required.

At what stage does Section 8(4) apply?

Section 8(4) applies where one of two or more joint applicants dies before the design has been registered.

What circumstance gives rise to the power of the Controller under Section 8(5)?

A dispute must arise between joint applicants whether or in what manner the application should be proceeded with.

Who may apply under Section 8(5)?

Any of the parties to the dispute may apply to the Controller.

In what manner shall an application under Section 8(5) be made?

The application shall be made in the prescribed manner.

What procedural safeguard is provided under Section 8(5)?

The Controller shall give all parties concerned an opportunity to be heard.

What directions may the Controller give under Section 8(5)?

The Controller may give such directions as he thinks fit for enabling the application to proceed in the name of one or more parties alone or for regulating the manner in which it should be proceeded with or for both purposes.

For what purposes may directions be issued under Section 8(5)?

Directions may be issued for enabling the application to proceed in the name of one or more parties alone, for regulating the manner in which it should be proceeded with, or for both those purposes.

What is the subject matter of Section 9 of the Designs Act, 2000?

Certificate of registration.

What duty is imposed on the Controller under Section 9(1)?

The Controller shall grant a certificate of registration to the proprietor of the design when registered.

To whom shall the certificate of registration be granted under Section 9(1)?

The certificate of registration shall be granted to the proprietor of the design.

At what stage shall the Controller grant the certificate under Section 9(1)?

The certificate shall be granted when the design is registered.

What power is conferred on the Controller under Section 9(2) in case of loss of the original certificate?

The Controller may furnish one or more copies of the certificate.

In what other circumstance may the Controller furnish copies of the certificate under Section 9(2)?

The Controller may furnish one or more copies in any case in which he deems it expedient.

How many copies of the certificate may be furnished under Section 9(2)?

One or more copies of the certificate may be furnished.

What is the subject matter of Section 10 of the Designs Act, 2000?

Register of designs.

What is required to be kept at the patent office under Section 10(1)?

A book called the register of designs shall be kept at the patent office.

What particulars relating to proprietors shall be entered in the register under Section 10(1)?

The names and addresses of proprietors of registered designs shall be entered in the register.

What notifications relating to registered designs shall be entered in the register under Section 10(1)?

Notifications of assignments and of transmissions of registered designs shall be entered in the register.

What other matters may be entered in the register under Section 10(1)?

Such other matter as may be prescribed may be entered in the register.

In what form may the register be maintained under Section 10(1)?

The register may be maintained wholly or partly on computer, floppies or diskettes.

What condition applies to maintenance of the register on computer, floppies or diskettes under Section 10(1)?

Such maintenance shall be subject to such safeguards as may be prescribed.

How are references to entries in the register construed under Section 10(2) where the register is maintained electronically?

References to entries in the register shall be construed as references to entries maintained on computer floppies or diskettes.

What happens to the existing register of designs under Section 10(3)?

The register of designs existing at the commencement of the Act shall be incorporated with and form part of the register of designs under the Act.

What evidentiary value is assigned to the register of designs under Section 10(4)?

The register of designs shall be prima facie evidence of any matter directed or authorised by the Act to be entered therein.

CHAPTER III

COPYRIGHT IN REGISTERED DESIGNS

What is the subject matter of Section 11 of the Designs Act, 2000?

Copyright on registration.

What right accrues to the registered proprietor under Section 11(1)?

The registered proprietor shall have copyright in the design subject to the provisions of the Act.

From what date does copyright subsist under Section 11(1)?

Copyright subsists from the date of registration.

What is the duration of copyright under Section 11(1)?

Copyright shall subsist for ten years from the date of registration.

To what condition is copyright under Section 11(1) subject?

Copyright is subject to the provisions of the Act.

When may an application for extension of copyright be made under Section 11(2)?

The application must be made before the expiration of the original period of ten years.

To whom shall the application for extension under Section 11(2) be made?

The application shall be made to the Controller.

In what manner shall an application for extension under Section 11(2) be made?

The application shall be made in the prescribed manner.

What duty is imposed on the Controller under Section 11(2) upon application and payment of fee?

The Controller shall extend the period of copyright.

What condition relating to fee is imposed under Section 11(2)?

The prescribed fee must be paid for extension of copyright.

What is the duration of the extended period of copyright under Section 11(2)?

Copyright shall be extended for a second period of five years.

From what date does the extended period of copyright commence under Section 11(2)?

The second period of five years shall commence from the expiration of the original period of ten years.

What is the subject matter of Section 12 of the Designs Act, 2000?

Restoration of lapsed designs.

When does a design cease to have effect under Section 12(1)?

A design ceases to have effect by reason of failure to pay the fee for extension of copyright under Section 11(2).

Who may apply for restoration of a design under Section 12(1)?

The proprietor of the design or his legal representative may apply for restoration.

Who may apply for restoration under Section 12(1) where the design was jointly held?

One or more joint holders may apply with the leave of the Controller without joining the others.

Within what period shall an application for restoration be made under Section 12(1)?

The application shall be made within one year from the date on which the design ceased to have effect.

In what manner shall an application for restoration under Section 12(1) be made?

The application shall be made in the prescribed manner.

What fee requirement is imposed under Section 12(1)?

The prescribed fee shall be paid for restoration of the design.

What must an application under Section 12(2) contain?

The application shall contain a statement fully setting out the circumstances which led to the failure to pay the prescribed fee.

How shall the statement under Section 12(2) be verified?

The statement shall be verified in the prescribed manner.

What power is conferred on the Controller under Section 12(2)?

The Controller may require from the applicant such further evidence as he may think necessary.

What is the subject matter of Section 13 of the Designs Act, 2000?

Procedure for disposal of applications for restoration of lapsed designs.

When may the Controller hear the applicant under Section 13(1)?

The Controller may hear the applicant where the applicant so desires or where the Controller thinks fit.

What satisfaction regarding failure to pay fee is required under Section 13(1)?

The Controller must be satisfied that the failure to pay the fee for extension of the period of copyright was unintentional.

What satisfaction regarding delay is required under Section 13(1)?

The Controller must be satisfied that there has been no undue delay in making the application.

What duty is imposed on the Controller under Section 13(1) upon satisfaction of the specified conditions?

The Controller shall restore the registration of the design.

What payment condition is imposed for restoration under Section 13(1)?

The unpaid fee for extension of the period of copyright together with the prescribed additional fee must be paid.

What conditional power is conferred on the Controller under Section 13(2)?

The Controller may require that any entry of a document or matter be made in the register as a condition of restoring the design.

What entries may the Controller require to be made under Section 13(2)?

Entries of documents or matters which under the Act are required to be entered in the register but have not been so entered may be required.

What is the subject matter of Section 14 of the Designs Act, 2000?

Rights of proprietor of lapsed design which have been restored.

To what are the rights of the registered proprietor subject under Section 14(1) where registration of a design is restored?

The rights shall be subject to such provisions as may be prescribed and such other provisions as the Controller thinks fit to impose.

For whose protection or compensation may provisions be imposed under Section 14(1)?

Provisions may be imposed for the protection or compensation of persons who have begun to avail themselves of or taken definite steps to avail themselves of the benefit of applying the design.

What acts by third persons are recognised under Section 14(1)?

Persons may have begun to avail themselves of the benefit of applying the design or taken definite steps by contract or otherwise to avail themselves of such benefit.

What is the relevant period under Section 14(1) for protection or compensation of third persons?

The relevant period is between the date when the registration ceased to have effect and the date of restoration of the registration.

What restriction is imposed under Section 14(2) regarding piracy or infringement proceedings?

No suit or other proceeding shall be commenced in respect of piracy of a registered design or infringement of copyright committed during the specified period.

What is the specified period under Section 14(2) during which no suit or proceeding shall lie?

The period is between the date on which the registration ceased to have effect and the date of restoration of the design.

What is the subject matter of Section 15 of the Designs Act, 2000?

Requirements before delivery on sales.

What obligation is imposed on the proprietor under Section 15(1) before delivery on sale of articles to which a registered design has been applied?

The proprietor shall comply with the requirements specified in clauses (a) and (b).

What requirement relating to representations or specimens is imposed under Section 15(1)(a)?

Where exact representations or specimens were not furnished on the application for registration, the proprietor shall furnish to the Controller the prescribed number of exact representations or specimens of the design.

What consequence follows under Section 15(1)(a) if the proprietor fails to furnish representations or specimens?

The Controller may, after giving notice to the proprietor, erase his name from the register and thereupon the copyright in the design shall cease.

What procedural safeguard is provided before erasure of the proprietor’s name under Section 15(1)(a)?

The Controller shall give notice to the proprietor before erasing his name from the register.

What marking requirement is imposed under Section 15(1)(b)?

The proprietor shall cause each article to be marked with the prescribed mark or with the prescribed words or figures denoting that the design is registered.

What consequence follows from failure to mark articles under Section 15(1)(b)?

The proprietor shall not be entitled to recover any penalty or damages in respect of infringement of copyright in the design.

What exception relating to proper steps is provided under Section 15(1)(b)?

The proprietor may recover penalty or damages if he shows that he took all proper steps to ensure the marking of the article.

What exception relating to knowledge of infringement is provided under Section 15(1)(b)?

The proprietor may recover penalty or damages if he shows that the infringement took place after the infringer knew or had received notice of the existence of the copyright in the design.

What condition precedent enables the Central Government to act under Section 15(2)?

A representation must be made by or on behalf of any trade or industry that it is expedient in the interest of the trade or industry to dispense with or modify marking requirements.

What power is conferred on the Central Government under Section 15(2)?

The Central Government may by rule dispense with or modify the requirements as to marking.

In respect of what articles may the Central Government dispense with or modify marking requirements under Section 15(2)?

The requirements may be dispensed with or modified as regards any class or description of articles.

To what extent may the Central Government modify marking requirements under Section 15(2)?

The requirements may be modified to such extent and subject to such conditions as the Central Government thinks fit.

What is the subject matter of Section 16 of the Designs Act, 2000?

Effect of disclosure on copyright.

What disclosure by the proprietor is protected under Section 16?

Disclosure of a design by the proprietor to another person in circumstances making it contrary to good faith for that person to use or publish the design is protected.

What disclosure in breach of good faith is protected under Section 16?

Disclosure of a design in breach of good faith by any person other than the proprietor is protected.

What acceptance relating to textile designs is protected under Section 16?

Acceptance of a first and confidential order for articles bearing a new or original textile design intended for registration is protected.

What is the effect of the protected disclosures and acceptance under Section 16?

Such disclosures or acceptance shall not be deemed to be a publication of the design sufficient to invalidate the copyright thereof.

What condition relating to registration is imposed under Section 16?

Registration of the design must be obtained subsequently to the disclosure or acceptance.

What is the subject matter of Section 17 of the Designs Act, 2000?

Inspection of registered designs.

Who may inspect a registered design under Section 17(1)?

Any person may inspect the design during the existence of copyright in the design.

What information must be furnished under Section 17(1) for inspection of a design?

Such information as may enable the Controller to identify the design must be furnished.

What fee requirement is imposed under Section 17(1)?

The prescribed fee must be paid for inspection of the design.

In what manner may a registered design be inspected under Section 17(1)?

The design may be inspected in the prescribed manner.

During what period may inspection under Section 17(1) be made?

Inspection may be made during the existence of copyright in the design.

Who may obtain a certified copy of a registered design under Section 17(2)?

Any person may obtain a certified copy of a registered design.

What procedure is prescribed under Section 17(2) for obtaining a certified copy?

An application shall be made to the Controller and the prescribed fee shall be paid.

What is the subject matter of Section 18 of the Designs Act, 2000?

Information as to existence of copyright.

Who may request information under Section 18?

Any person may request information as to the existence of copyright.

What information must be furnished under Section 18 to obtain information from the Controller?

Such information as may enable the Controller to identify the design must be furnished.

What fee requirement is imposed under Section 18?

The prescribed fee must be paid.

What duty is imposed on the Controller under Section 18 upon request and payment of fee?

The Controller shall inform the person whether the registration still exists in respect of the design.

What further particulars must the Controller state under Section 18 where registration exists?

The Controller shall state the classes of articles in respect of which registration exists.

What particulars relating to registration must be stated under Section 18?

The Controller shall state the date of registration.

What particulars relating to the proprietor must be stated under Section 18?

The Controller shall state the name and address of the registered proprietor.

What is the subject matter of Section 19 of the Designs Act, 2000?

Cancellation of registration.

Who may present a petition for cancellation of registration under Section 19(1)?

Any person interested may present a petition for cancellation of registration of a design.

To whom shall a petition for cancellation under Section 19(1) be presented?

The petition shall be presented to the Controller.

At what stage may a petition for cancellation be presented under Section 19(1)?

A petition may be presented at any time after the registration of the design.

On what ground may cancellation be sought under Section 19(1)(a)?

Cancellation may be sought on the ground that the design has been previously registered in India.

On what ground relating to publication may cancellation be sought under Section 19(1)(b)?

Cancellation may be sought on the ground that the design has been published in India or in any other country prior to the date of registration.

On what ground relating to novelty or originality may cancellation be sought under Section 19(1)(c)?

Cancellation may be sought on the ground that the design is not a new or original design.

On what ground relating to registrability may cancellation be sought under Section 19(1)(d)?

Cancellation may be sought on the ground that the design is not registrable under the Act.

On what ground relating to the definition of design may cancellation be sought under Section 19(1)(e)?

Cancellation may be sought on the ground that it is not a design as defined under Section 2(d).

What remedy is available against an order of the Controller under Section 19(2)?

An appeal shall lie to the High Court from any order of the Controller under this section.

What power of reference is conferred on the Controller under Section 19(2)?

The Controller may at any time refer any petition for cancellation to the High Court.

What duty is imposed on the High Court under Section 19(2) in respect of referred petitions?

The High Court shall decide any petition referred to it by the Controller.

What is the subject matter of Section 20 of the Designs Act, 2000?

Designs to bind Government.

What effect does a registered design have against the Government under Section 20?

A registered design shall have to all intents the like effect against the Government as it has against any person.

What provisions of the Patents Act, 1970 are made applicable to registered designs under Section 20?

The provisions of Chapter XVII of the Patents Act, 1970 shall apply to registered designs.

How do the provisions of Chapter XVII of the Patents Act, 1970 apply under Section 20?

The provisions shall apply to registered designs in the same manner as they apply to patents.

CHAPTER IV

INDUSTRIAL AND INTERNATIONAL EXHIBITIONS

What is the subject matter of Section 21 of the Designs Act, 2000?

Provisions as to exhibitions.

What exhibition of a design is protected under Section 21?

Exhibition of a design or of any article to which a design is applied at an industrial or other exhibition notified by the Central Government is protected.

How are exhibitions brought within the scope of Section 21?

The Central Government may extend the provisions of the section to exhibitions by notification in the Official Gazette.

What publication during or after exhibition is protected under Section 21?

Publication of a description of the design during or after the holding of the exhibition is protected.

What unauthorised exhibition or publication is protected under Section 21?

Exhibition of the design or article or publication of a description of the design elsewhere during or after the exhibition without the privity or consent of the proprietor is protected.

What is the effect of the acts specified in Section 21?

Such acts shall not prevent the design from being registered or invalidate the registration thereof.

What notice requirement is imposed under the proviso to Section 21(a)?

The exhibitor exhibiting the design or article or publishing a description of the design shall give previous notice to the Controller in the prescribed form.

What time limit for registration is prescribed under the proviso to Section 21(b)?

The application for registration shall be made within six months from the date of first exhibiting the design or article or publishing a description of the design.

CHAPTER V

LEGAL PROCEEDINGS

What is the subject matter of Section 22 of the Designs Act, 2000?

Piracy of registered design.

During what period does Section 22(1) operate?

Section 22(1) operates during the existence of copyright in any design.

What prohibition is imposed under Section 22(1)(a)?

No person shall for the purpose of sale apply or cause to be applied to any article in any class in which the design is registered the design or any fraudulent or obvious imitation thereof except with the license or written consent of the registered proprietor.

What acts facilitating application of a design are prohibited under Section 22(1)(a)?

No person shall do anything with a view to enable the design or any fraudulent or obvious imitation thereof to be applied to any article for the purpose of sale.

What consent exempts liability under Section 22(1)(a)?

License or written consent of the registered proprietor exempts liability.

What prohibition relating to import is imposed under Section 22(1)(b)?

No person shall import for the purposes of sale without the consent of the registered proprietor any article belonging to the class in which the design is registered and having applied to it the design or any fraudulent or obvious imitation thereof.

What prohibition relating to sale or exposure for sale is imposed under Section 22(1)(c)?

No person knowing that the design or any fraudulent or obvious imitation thereof has been applied without consent shall publish or expose or cause to be published or exposed for sale such article.

What knowledge requirement is contained in Section 22(1)(c)?

The person must know that the design or any fraudulent or obvious imitation thereof has been applied without the consent of the registered proprietor.

What liability arises under Section 22(2) for contravention of Section 22?

A person acting in contravention shall be liable for every contravention in the manner provided under clauses (a) and (b).

What monetary liability is provided under Section 22(2)(a)?

The contravener shall be liable to pay to the registered proprietor a sum not exceeding twenty-five thousand rupees recoverable as a contract debt.

What remedy by suit is provided under Section 22(2)(b)?

The proprietor may bring a suit for recovery of damages for the contravention and for an injunction against repetition thereof.

What relief may be granted in a suit under Section 22(2)(b)?

The contravener may be directed to pay such damages as may be awarded and may be restrained by injunction accordingly.

What limitation is imposed by the first proviso to Section 22(2)?

The total sum recoverable in respect of any one design under clause (a) shall not exceed fifty thousand rupees.

What jurisdictional restriction is imposed by the second proviso to Section 22(2)?

No suit or other proceeding for relief under sub-section (2) shall be instituted in any court below the court of District Judge.

What grounds of defence are available under Section 22(3)?

Every ground on which registration of a design may be cancelled under Section 19 shall be available as a ground of defence.

What is the effect under Section 22(4) where a defence under Section 19 is availed of?

The suit or proceeding shall be transferred to the High Court for decision.

Which court shall transfer the suit or proceeding under Section 22(4)?

The court in which the suit or proceeding is pending shall transfer it to the High Court.

What duty is imposed on the court under Section 22(5) after making a decree in a suit?

The court shall send a copy of the decree to the Controller.

What duty is imposed on the Controller under Section 22(5) upon receipt of the decree?

The Controller shall cause an entry of the decree to be made in the register of designs.

What is the subject matter of Section 23 of the Designs Act, 2000?

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

What provisions of the Patents Act, 1970 are applied to registered designs under Section 23?

The provisions regarding certificates of validity of a patent and remedy in case of groundless threats of legal proceedings by a patentee are applied to registered designs.

How do the specified provisions of the Patents Act apply under Section 23?

They apply in like manner to registered designs as they apply to patents.

What substitution relating to copyright is provided under Section 23?

References to a patent shall be construed as references to the copyright in a design.

What substitution relating to proprietor is provided under Section 23?

References to patentee shall be construed as references to the proprietor of a design.

What substitution relating to invention is provided under Section 23?

References to the invention shall be construed as references to the design.

CHAPTER VI

GENERAL FEES

What is the subject matter of Section 24 of the Designs Act, 2000?

Fees.

In respect of what matters are fees payable under Section 24(1)?

Fees shall be paid in respect of registration of designs, applications therefor and other matters relating to designs under the Act.

How are fees determined under Section 24(1)?

Fees shall be such as may be prescribed.

What is the effect of non-payment of fee under Section 24(2)?

A proceeding in respect of which a fee is payable shall be of no effect unless the fee has been paid.

To what fees does Section 24(2) apply?

Section 24(2) applies to fees payable under the Act or the rules made thereunder.

What is the subject matter of Section 25 of the Designs Act, 2000?

Notice of trust not to be entered in registers.

What prohibition is imposed under Section 25 regarding notices of trust?

No notice of any trust expressed, implied or constructive shall be entered in any register kept under the Act or be receivable by the Controller.

What is the subject matter of Section 26 of the Designs Act, 2000?

Inspection of and extracts from registers.

When shall registers kept under the Act be open to inspection under Section 26?

Every register kept under the Act shall at all convenient times be open to the inspection of the public subject to the provisions of the Act.

What copies may be obtained under Section 26?

Certified copies sealed with the seal of the Patent Office of any entry in any register may be obtained.

Who may obtain certified copies under Section 26?

Any person requiring the certified copies may obtain them.

What fee requirement is imposed under Section 26 for obtaining certified copies?

The prescribed fee shall be paid.

What mode of inspection is prescribed by the proviso to Section 26 where the register is maintained electronically?

Inspection shall be made by inspecting the computer printout of the relevant entry maintained on computer.

What is the subject matter of Section 27 of the Designs Act, 2000?

Privilege of reports of Controller.

What reports are protected from publication or public inspection under Section 27?

Reports of or to the Controller made under the Act other than the report referred to in section 45 are protected.

What restriction is imposed under Section 27 on reports of or to the Controller?

Such reports shall not in any case be published or open to public inspection.

What is the subject matter of Section 28 of the Designs Act, 2000?

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

What applications are covered under Section 28?

Applications for a design which have been abandoned or refused are covered.

What materials connected with an abandoned or refused application are protected under Section 28?

The application and any drawings, photographs, tracings, representations or specimens left in connection with the application are protected.

What restriction is imposed under Section 28 regarding abandoned or refused applications?

Such application and connected materials shall not at any time be open to public inspection or be published by the Controller.

What is the subject matter of Section 29 of the Designs Act, 2000?

Power of Controller to correct clerical errors.

What power is conferred on the Controller under Section 29?

The Controller may correct any clerical error in the representation of a design, name or address of the proprietor, or any other matter entered in the register of designs.

What request requirement is imposed under Section 29 for correction of clerical errors?

A request in writing shall be made to the Controller.

What fee requirement is imposed under Section 29?

The prescribed fee shall accompany the request for correction.

In what matters may clerical errors be corrected under Section 29?

Clerical errors may be corrected in the representation of a design, in the name or address of the proprietor of a design, or in any other matter entered upon the register of designs.

What is the subject matter of Section 30 of the Designs Act, 2000?

Entry of assignment and transmissions in registers.

Who may apply for registration of title under Section 30(1)?

A person who becomes entitled by assignment, transmission or other operation of law to the copyright in a registered design may apply for registration of title.

In what form shall an application under Section 30(1) be made?

The application shall be made in the prescribed form.

To whom shall an application under Section 30(1) be made?

The application shall be made to the Controller.

What duty is imposed on the Controller under Section 30(1) upon receipt of application and proof of title?

The Controller shall register the applicant as the proprietor of the design.

What proof is required under Section 30(1) before registration of title?

Proof of title to the satisfaction of the Controller is required.

What entry shall be made under Section 30(1)?

An entry of the assignment, transmission or other instrument affecting the title shall be made in the register.

In what manner shall entries under Section 30(1) be made?

The entries shall be made in the prescribed manner.

Who may apply for registration of interest under Section 30(2)?

A person who becomes entitled as mortgagee, licensee or otherwise to any interest in a registered design may apply for registration of title.

In what form shall an application under Section 30(2) be made?

The application shall be made in the prescribed form.

What duty is imposed on the Controller under Section 30(2) upon receipt of application and proof of title?

The Controller shall cause notice of the interest to be entered in the register of designs.

What proof is required under Section 30(2) before entry of interest?

Proof of title to the satisfaction of the Controller is required.

What particulars shall accompany notice of interest under Section 30(2)?

Particulars of the instrument, if any, creating the interest shall be entered.

In what manner shall notice of interest under Section 30(2) be entered?

Notice of the interest shall be entered in the prescribed manner.

What condition regarding validity of assignments and interests is imposed under Section 30(3)?

An assignment, mortgage, licence or creation of any other interest in a design shall not be valid unless it is in writing.

What formality relating to agreements is required under Section 30(3)?

The agreement between the parties shall be reduced to the form of an instrument embodying all the terms and conditions governing their rights and obligations.

What filing requirement is imposed under Section 30(3)?

The application for registration of title under the instrument shall be filed with the Controller in the prescribed manner.

Within what time shall an application for registration of title be filed under Section 30(3)?

The application shall be filed within six months from the execution of the instrument.

What extension of time may be granted under Section 30(3)?

The Controller may allow a further period not exceeding six months in the aggregate on application made in the prescribed manner.

What is the effect of the proviso to Section 30(3)?

The instrument shall have effect from the date of its execution upon entry of its particulars in the register.

What powers does the registered proprietor have under Section 30(4)?

The registered proprietor shall have power absolutely to assign, grant licences as to, or otherwise deal with the design.

What receipt power is conferred on the registered proprietor under Section 30(4)?

The registered proprietor may give effectual receipts for any consideration for assignment, licence or dealing.

To what are the powers of the registered proprietor under Section 30(4) subject?

The powers are subject to the provisions of the Act and to any rights appearing from the register to be vested in any other person.

What is provided in the proviso to Section 30(4)?

Any equities in respect of the design may be enforced in like manner as in respect of any other movable property.

What restriction on admissibility of documents is imposed under Section 30(5)?

A document or instrument in respect of which no entry has been made in the register shall not be admitted in evidence in any court in proof of title to copyright in a design or any interest therein.

What exception is provided under Section 30(5) regarding admissibility of documents?

The court may otherwise direct for reasons to be recorded in writing.

To what cases does the restriction under Section 30(5) not apply?

The restriction does not apply to an application made under section 31.

What is the subject matter of Section 31 of the Designs Act, 2000?

Rectification of register.

Who may apply for rectification of the register under Section 31(1)?

Any person aggrieved by specified defects or irregularities in the register may apply for rectification.

In what manner shall an application under Section 31(1) be made?

The application shall be made in the prescribed manner.

On what ground relating to non-insertion may rectification be sought under Section 31(1)?

Rectification may be sought on the ground of non-insertion in the register of designs of any entry.

On what ground relating to omission may rectification be sought under Section 31(1)?

Rectification may be sought on the ground of omission from the register of designs of any entry.

On what ground relating to entries without sufficient cause may rectification be sought under Section 31(1)?

Rectification may be sought where an entry has been made in the register without sufficient cause.

On what ground relating to wrongful continuance may rectification be sought under Section 31(1)?

Rectification may be sought where an entry wrongly remains on the register.

On what ground relating to error or defect may rectification be sought under Section 31(1)?

Rectification may be sought on account of an error or defect in any entry in the register.

What power is conferred on the Controller under Section 31(1)?

The Controller may make such order for making, expunging or varying an entry as he thinks fit and rectify the register accordingly.

What questions may the Controller decide under Section 31(2)?

The Controller may decide any question necessary or expedient to decide in connection with rectification of the register.

What remedy is available against an order of the Controller under Section 31(3)?

An appeal shall lie to the High Court from any order of the Controller under this section.

What power of reference is conferred on the Controller under Section 31(3)?

The Controller may refer any application under this section to the High Court for decision.

What duty is imposed on the High Court under Section 31(3)?

The High Court shall dispose of any application referred to it by the Controller.

What direction shall an order of the Court contain under Section 31(4)?

The order shall direct that notice of the rectification be served on the Controller in the prescribed manner.

What duty is imposed on the Controller under Section 31(4) upon receipt of notice?

The Controller shall rectify the register accordingly upon receipt of the notice.

What limitation is imposed on the Controller’s powers under Section 31(5)?

Nothing in this section empowers the Controller to cancel registration of a design as provided in section 19.

CHAPTER VII

POWERS AND DUTIES OF CONTROLLER

What is the subject matter of Section 32 of the Designs Act, 2000?

Powers of Controller in proceedings under Act.

To what are the powers of the Controller under Section 32 subject?

The powers are subject to any rules made in this behalf.

What status does the Controller possess under Section 32 in proceedings before him?

The Controller shall have the powers of a civil court in proceedings before him under the Act.

For what purpose may the Controller receive evidence under Section 32?

The Controller may receive evidence in proceedings before him under the Act.

What power relating to oaths is conferred on the Controller under Section 32?

The Controller may administer oaths.

What power relating to witnesses is conferred on the Controller under Section 32?

The Controller may enforce the attendance of witnesses.

What power relating to discovery and production is conferred on the Controller under Section 32?

The Controller may compel the discovery and production of documents.

What power relating to commissions is conferred on the Controller under Section 32?

The Controller may issue commissions for the examination of witnesses.

What power relating to costs is conferred on the Controller under Section 32?

The Controller may award costs.

How shall an award of costs under Section 32 be executed?

The award shall be executable in any court having jurisdiction as if it were a decree of that court.

What is the subject matter of Section 33 of the Designs Act, 2000?

Exercise of discretionary power by Controller.

What restriction is imposed on the exercise of discretionary power by the Controller under Section 33?

The Controller shall not exercise discretionary power adversely to the applicant for registration of a design without giving the applicant an opportunity of being heard.

When is the Controller required to give an opportunity of being heard under Section 33?

The opportunity shall be given if so required within the prescribed time by the applicant.

To what discretionary powers does Section 33 apply?

Section 33 applies to any discretionary power given to the Controller by or under the Act.

Who is entitled to an opportunity of being heard under Section 33?

The applicant for registration of a design is entitled to an opportunity of being heard.

What is the subject matter of Section 34 of the Designs Act, 2000?

Power of Controller to take directions of the Central Government.

When may the Controller apply to the Central Government under Section 34?

The Controller may apply in any case of doubt or difficulty arising in the administration of any provision of the Act.

For what purpose may the Controller apply to the Central Government under Section 34?

The Controller may apply for directions in the matter.

What is the subject matter of Section 35 of the Designs Act, 2000?

Refusal to register a design in certain cases.

What power is conferred on the Controller under Section 35(1)?

The Controller may refuse to register a design.

On what ground may the Controller refuse registration under Section 35(1)?

Registration may be refused where the use of the design would, in the opinion of the Controller, be contrary to public order or morality.

Whose opinion is relevant under Section 35(1) regarding public order or morality?

The opinion of the Controller is relevant.

What remedy is available against an order of the Controller under Section 35(2)?

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

What is the subject matter of Section 36 of the Designs Act, 2000?

Appeals to the High Court.

When shall an appeal to the High Court be made under Section 36(1)?

The appeal shall be made within three months of the date of the order passed by the Controller.

From which orders does an appeal lie under Section 36(1)?

An appeal lies from orders of the Controller where the Act declares that an appeal shall lie to the High Court.

What period is excluded in calculating limitation under Section 36(2)?

The time occupied in granting a copy of the order appealed against shall be excluded.

What power relating to expert assistance is conferred on the High Court under Section 36(3)?

The High Court may obtain the assistance of an expert in deciding appeals.

What is the effect of the decision of the High Court under Section 36(3)?

The decision of the High Court shall be final.

What rule-making power is conferred on the High Court under Section 36(4)?

The High Court may make rules consistent with the Act as to the conduct and procedure of all proceedings under the Act before it.

CHAPTER VIII

EVIDENCE, ETC.

What is the subject matter of Section 37 of the Designs Act, 2000?

Evidence before the Controller.

To what are the provisions of Section 37 subject?

The provisions are subject to any rules made under section 44.

In what form shall evidence ordinarily be given under Section 37?

Evidence shall be given by affidavit.

When may evidence be given otherwise than by affidavit under Section 37?

Evidence may be given otherwise where the Controller directs to the contrary.

What power relating to viva voce evidence is conferred on the Controller under Section 37?

The Controller may take evidence viva voce in lieu of or in addition to evidence by affidavit.

When may the Controller take viva voce evidence under Section 37?

The Controller may do so in any case in which he thinks it right.

What power relating to cross-examination is conferred on the Controller under Section 37?

The Controller may allow any party to be cross-examined on the contents of his affidavit.

What is the subject matter of Section 38 of the Designs Act, 2000?

Certificate of Controller to be evidence.

What evidentiary value is attached to a certificate under Section 38?

A certificate purporting to be under the hand of the Controller shall be prima facie evidence of specified matters.

As to what matters is a certificate evidence under Section 38?

It is evidence of any entry, matter or thing which the Controller is authorised by the Act or rules to make or do.

What does the certificate under Section 38 prove regarding entries?

It proves that the entry has been made and proves the contents thereof.

What does the certificate under Section 38 prove regarding acts or omissions?

It proves that the matter or thing has been done or left undone.

What is the subject matter of Section 39 of the Designs Act, 2000?

Evidence of documents in patent office.

What copies or extracts are admissible in evidence under Section 39?

Printed or written copies or extracts certified by the Controller and sealed with the seal of the patent office are admissible in evidence.

Of what documents may certified copies or extracts be produced under Section 39?

They may relate to documents in the patent office and registers and other books kept there.

In what proceedings are certified copies admissible under Section 39?

They are admissible in all courts in India and in all proceedings.

What exemption from proof is provided under Section 39?

Certified copies shall be admitted without further proof or production of the originals.

What power is conferred on the court by the proviso to Section 39?

The court may require production of originals or further proof if it doubts the accuracy or authenticity of the copies tendered.

What is the subject matter of Section 40 of the Designs Act, 2000?

Applications and notices by post.

What documents may be sent by post under Section 40?

Any application, notice or other document authorised or required to be left, made or given may be sent by post.

To whom may documents be sent by post under Section 40?

Documents may be sent to the patent office, the Controller or any other person under the Act.

What is the subject matter of Section 41 of the Designs Act, 2000?

Declaration by infant, lunatic, etc.

When does Section 41(1) apply?

Section 41(1) applies where a person is incapable by reason of infancy, lunacy or other disability of making any statement or doing anything required or permitted under the Act.

Who may act on behalf of a person under disability under Section 41(1)?

The lawful guardian, committee or manager of the person subject to disability may act on his behalf.

Who may act under Section 41(1) where there is no lawful guardian, committee or manager?

A person appointed by a court possessing jurisdiction in respect of the property of the person under disability may act on his behalf.

What statements may be made under Section 41(1) on behalf of a person under disability?

Such statement or a statement as nearly corresponding thereto as circumstances permit may be made.

What acts may be done under Section 41(1) on behalf of a person under disability?

Such thing required or permitted under the Act may be done in the name and on behalf of the person subject to the disability.

How may an appointment be made under Section 41(2)?

An appointment may be made by the court upon a petition.

Who may present a petition for appointment under Section 41(2)?

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

For what purpose may an appointment be made under Section 41(2)?

The appointment may be made for the purposes of making the statement or doing the thing under the section.

What is the subject matter of Section 42 of the Designs Act, 2000?

Avoidance of certain restrictive conditions.

In what contracts or licences is insertion of certain conditions prohibited under Section 42(1)?

Such conditions shall not be inserted in contracts for sale or lease of an article in respect of which a design is registered, licences to manufacture or use such article, or licences to package such article.

What restrictive condition relating to acquisition of other articles is prohibited under Section 42(1)(a)?

A condition requiring the purchaser, lessee or licensee to acquire from the vendor, lessor or licensor or his nominees any article other than the article in respect of which the design is registered is prohibited.

What restrictive condition relating to prohibition on acquisition is prohibited under Section 42(1)(a)?

A condition prohibiting or restricting the purchaser, lessee or licensee from acquiring from any person any article other than the article in respect of which the design is registered is prohibited.

What restrictive condition relating to exclusive acquisition is prohibited under Section 42(1)(a)?

A condition prohibiting acquisition except from the vendor, lessor or licensor or his nominees of any article other than the article in respect of which the design is registered is prohibited.

What restrictive condition relating to use of other articles is prohibited under Section 42(1)(b)?

A condition prohibiting or restricting the purchaser, lessee or licensee from using an article other than the article in respect of which the design is registered and not supplied by the vendor, lessor or licensor or his nominee is prohibited.

What is the effect of restrictive conditions under Section 42(1)?

Any such condition shall be void.

What is the effect of separate agreements under Section 42(2)?

A restrictive condition shall not cease to fall within Section 42(1) merely because it is contained in a separate agreement entered into before or after the relevant contract.

What defence is available under Section 42(3) in proceedings for contravention of section 22?

It shall be a defence to prove that at the time of contravention there was in force a contract relating to the registered design containing a condition declared unlawful by this section.

What exception is provided in the proviso to Section 42(3)?

The defence shall not apply if the plaintiff was not a party to the contract and proves that the restrictive condition was inserted without his knowledge and consent express or implied.

What contracts are saved under Section 42(4)(a)?

A condition prohibiting a person from selling goods other than those of a particular person is not affected.

What is preserved under Section 42(4)(b)?

A contract which would otherwise be invalid is not validated by this section.

What reservation of rights is protected under Section 42(4)(c)?

A condition reserving to the lessor or licensor or his nominee the right to supply new parts of the registered article required for repair is protected.

What repair-related condition is protected under Section 42(4)(c)?

A condition reserving the right to put or keep the registered article in repair is protected.

To what contracts does Section 42(5) apply?

The provisions apply to contracts made before the commencement of the Act.

To what extent do pre-commencement contracts fall within Section 42(5)?

They apply in so far as restrictive conditions declared unlawful continue in force after one year from commencement of the Act.

CHAPTER IX

AGENCY

What is the subject matter of Section 43 of the Designs Act, 2000?

Agency.

Who may sign applications and communications to the Controller under Section 43(1)?

Applications and communications may be signed by a legal practitioner or by an agent whose name and address have been entered in the register of patent agents maintained under section 125 of the Patents Act, 1970.

Who may make attendances upon the Controller under Section 43(1)?

Attendances upon the Controller may be made by or through a legal practitioner or by or through a registered patent agent.

What qualification must an agent possess under Section 43(1)?

The name and address of the agent must have been entered in the register of patent agents maintained under section 125 of the Patents Act, 1970.

What power relating to residence of agents is conferred on the Controller under Section 43(2)(a)?

The Controller may require an agent to be resident in India.

What power relating to non-residents is conferred on the Controller under Section 43(2)(b)?

The Controller may require a person not residing in India to employ an agent residing in India.

What power relating to personal signature or presence is conferred on the Controller under Section 43(2)(c)?

The Controller may require the personal signature or presence of any applicant or other person.

CHAPTER X

POWERS, ETC., OF CENTRAL GOVERNMENT

What is the subject matter of Section 44 of the Designs Act, 2000?

Reciprocal arrangement with the United Kingdom and other convention countries or group of countries of inter-governmental organisations.

Who is entitled to claim priority under Section 44(1)?

Any person who has applied for protection for a design in the United Kingdom or other convention countries or group of countries or countries which are members of inter-governmental organisations, or his legal representative or assignee, is entitled to claim priority.

Whether a priority claim under Section 44(1) may be made jointly with other persons?

The claim may be made either alone or jointly with any other person.

What right of priority is conferred under Section 44(1)?

The applicant is entitled to claim that registration of the design under the Act shall be in priority to other applicants.

What date is accorded to registration under Section 44(1)?

The registration shall have the same date as the date of the application in the United Kingdom or other convention country or group of countries or countries which are members of inter-governmental organisations.

What time limit is prescribed in the proviso to Section 44(1)(a)?

The application under the Act shall be made within six months from the application for protection in the United Kingdom or other convention countries or group of countries or countries which are members of inter-governmental organisations.

What restriction regarding damages is imposed by the proviso to Section 44(1)(b)?

The proprietor shall not be entitled to recover damages for piracy of design occurring prior to the actual date of registration in India.

What is the effect of exhibition, use or publication during the priority period under Section 44(2)?

Registration of the design shall not be invalidated merely by reason of exhibition, use or publication of a description or representation of the design in India during the prescribed period.

How shall an application under Section 44 be made according to Section 44(3)?

The application shall be made in the same manner as an ordinary application under the Act.

What condition precedent enables the Central Government to act under Section 44(4)?

It must appear to the Central Government that the legislature of the United Kingdom or other convention country or country member of a group of countries or inter-governmental organisation has made satisfactory provision for protection of designs registered in India.

What power is conferred on the Central Government under Section 44(4)?

The Central Government may by notification in the Official Gazette direct that the provisions of the section shall apply for protection of designs registered in the United Kingdom or other convention country or country member of a group of countries or inter-governmental organisation.

How may the provisions of Section 44 be applied under Section 44(4)?

The provisions may be applied with such variations or additions as may be set out in the notification.

What is meant by “convention countries” under Explanation 1 to Section 44?

“Convention countries” means such countries to which the Paris Convention for Protection of Industrial Property, 1883 as revised at Stockholm in 1967 and amended in 1979 or the Final Act establishing the World Trade Organisation applies.

What is meant by “group of countries” under Explanation 1 to Section 44?

“Group of countries” means such group of countries to which the Paris Convention for Protection of Industrial Property, 1883 as revised at Stockholm in 1967 and amended in 1979 or the Final Act establishing the World Trade Organisation applies.

What is meant by “inter-governmental organisation” under Explanation 1 to Section 44?

“Inter-governmental organisation” means such inter-governmental organisation to which the Paris Convention for Protection of Industrial Property, 1883 as revised at Stockholm in 1967 and amended in 1979 or the Final Act establishing the World Trade Organisation applies.

What international instruments are referred to in Explanation 1 to Section 44?

The Paris Convention for Protection of Industrial Property, 1883 as revised at Stockholm in 1967 and amended in 1979 and the Final Act embodying the results of the Uruguay Round of Multilateral Trade Negotiations establishing the World Trade Organisation are referred to.

How is the six months period computed under Explanation 2 to Section 44 where more than one application for protection has been made?

The six months period shall be reckoned from the date on which the earlier or earliest application for protection was made.

To what applications does Explanation 2 to Section 44 apply?

It applies where more than one application for similar protection has been made in the United Kingdom or one or more convention countries, group of countries or countries which are members of inter-governmental organisations.

What is the subject matter of Section 45 of the Designs Act, 2000?

Report of the Controller to be placed before Parliament.

What duty is imposed on the Central Government under Section 45?

The Central Government shall cause to be placed before both Houses of Parliament a report respecting the execution of the Act by or under the Controller.

How often shall the report under Section 45 be placed before Parliament?

The report shall be placed before Parliament once a year.

Before which Houses shall the report under Section 45 be placed?

The report shall be placed before both Houses of Parliament.

What shall the report under Section 45 relate to?

The report shall relate to the execution of the Act by or under the Controller.

What is the subject matter of Section 46 of the Designs Act, 2000?

Protection of security of India.

What is the overriding effect of Section 46?

The provisions of Section 46 operate notwithstanding anything contained in the Act.

What restriction on disclosure is imposed on the Controller under Section 46(a)?

The Controller shall not disclose any information relating to registration of a design or any application for registration which he considers prejudicial to the interest of the security of India.

What information is protected from disclosure under Section 46(a)?

Information relating to registration of a design or any application relating to registration of a design is protected from disclosure.

Whose opinion is relevant under Section 46(a) regarding prejudice to security of India?

The opinion of the Controller is relevant.

What duty is imposed on the Controller under Section 46(b)?

The Controller shall take action regarding cancellation of registration of designs as specified by the Central Government.

How shall the Central Government specify action under Section 46(b)?

The Central Government shall specify the action by notification in the Official Gazette.

For what purpose may action under Section 46(b) be specified?

Action may be specified in the interest of the security of India.

What is meant by “security of India” under the Explanation to Section 46?

“Security of India” means any action necessary for the security of India relating to application of a registered design to articles used for war or applied directly or indirectly for military establishment or purposes of war or other emergency in international relations.

What articles are covered within the meaning of “security of India” under the Explanation to Section 46?

Articles used for war or applied directly or indirectly for military establishment or for purposes of war or other emergency in international relations are covered.

What is the subject matter of Section 47 of the Designs Act, 2000?

Power of Central Government to make rules.

What general rule-making power is conferred on the Central Government under Section 47(1)?

The Central Government may by notification in the Official Gazette make rules for carrying out the purposes of the Act.

How shall rules under Section 47(1) be made?

Rules shall be made by notification in the Official Gazette.

What is the effect of the opening words of Section 47(2)?

The matters specified in Section 47(2) are without prejudice to the generality of the rule-making power.

What matters relating to applications may rules provide for under Section 47(2)(a)?

Rules may provide for the form of application for registration of design, the manner of filing it at the patent office and the accompanying fee under Section 5(2).

What matter relating to time for registration may rules provide for under Section 47(2)(b)?

Rules may provide for the time within which registration is to be effected under Section 5(5).

What matter relating to classification may rules provide for under Section 47(2)(c)?

Rules may provide for classification of articles for registration under Section 6(1).

What matters relating to publication may rules provide for under Section 47(2)(d)?

Rules may provide for the particulars of design to be published and the manner of publication under Section 7.

What matter relating to claims may rules provide for under Section 47(2)(e)?

Rules may provide for the manner of making claim under Section 8(1).

What matter relating to applications to the Controller may rules provide for under Section 47(2)(f)?

Rules may provide for the manner of making applications to the Controller under Section 8(5).

What matters relating to register of designs may rules provide for under Section 47(2)(g)?

Rules may provide for additional matters to be entered in the register and safeguards for maintaining the register on computer floppies or diskettes under Section 10(1).

What matters relating to extension of copyright may rules provide for under Section 47(2)(h)?

Rules may provide for the manner of making application for extension of copyright and the fee payable under Section 11(2).

What matters relating to restoration of design may rules provide for under Section 47(2)(i)?

Rules may provide for the manner of making application for restoration of design and the fee payable under Section 12(1).

What matter relating to verification may rules provide for under Section 47(2)(j)?

Rules may provide for the manner of verification of statements contained in applications under Section 12(2).

What matter relating to additional fee may rules provide for under Section 47(2)(k)?

Rules may provide for the additional fee payable for restoration of registration under Section 13(1).

What matters relating to rights of registered proprietor may rules provide for under Section 47(2)(l)?

Rules may provide for the provisions subject to which the rights of the registered proprietor shall exist under Section 14(1).

What matter relating to representations or specimens may rules provide for under Section 47(2)(m)?

Rules may provide for the number of exact representations or specimens of the design to be furnished to the Controller under Section 15(1)(a).

What matter relating to marking of articles may rules provide for under Section 47(2)(n)?

Rules may provide for the mark, words or figures denoting that the design is registered under Section 15(1)(b).

What matter relating to modification of marking requirements may rules provide for under Section 47(2)(o)?

Rules may provide for dispensing with or modifying marking requirements for any class or description of articles under Section 15(2).

What matters relating to inspection may rules provide for under Section 47(2)(p)?

Rules may provide for the fee payable for inspection and the manner of inspection under Section 17(1).

What matter relating to certified copies of designs may rules provide for under Section 47(2)(q)?

Rules may provide for the fee payable for obtaining a certified copy of a design under Section 17(2).

What matter relating to information by the Controller may rules provide for under Section 47(2)(r)?

Rules may provide for the fee on payment of which the Controller shall furnish information under Section 18.

What matter relating to notice under Section 21 may rules provide for under Section 47(2)(s)?

Rules may provide for the form for giving notice to the Controller under the proviso to Section 21(a).

What matters relating to fees may rules provide for under Section 47(2)(t)?

Rules may provide for fees payable for registration of designs, applications therefor and other matters relating to designs under Section 24(1).

What matter relating to certified copies of register entries may rules provide for under Section 47(2)(u)?

Rules may provide for the fee payable for certified copies of entries in the register under Section 26.

What matter relating to correction of clerical errors may rules provide for under Section 47(2)(v)?

Rules may provide for the fee accompanying requests for correction of clerical errors under Section 29.

What matters relating to applications for registration as proprietor may rules provide for under Section 47(2)(w)?

Rules may provide for the form of application and the manner of making entries relating to assignment, transmission or other instruments affecting title under Section 30(1).

What matters relating to registration of interests may rules provide for under Section 47(2)(x)?

Rules may provide for the form of application for title and the manner of entering notice of interest in the register under Section 30(2).

What matters relating to filing and extension of time may rules provide for under Section 47(2)(y)?

Rules may provide for the manner of filing applications for registration and applications for extension of time under Section 30(3).

What matter relating to rectification of register may rules provide for under Section 47(2)(z)?

Rules may provide for the manner of making applications for rectification of register under Section 31(1).

What matter relating to service of notice may rules provide for under Section 47(2)(za)?

Rules may provide for the manner in which notice of rectification shall be served on the Controller under Section 31(4).

What matter relating to proceedings before the Controller may rules provide for under Section 47(2)(zb)?

Rules may provide for regulating proceedings before the Controller under Section 32.

What matter relating to hearing by the Controller may rules provide for under Section 47(2)(zc)?

Rules may provide for the time to be granted to applicants for being heard by the Controller under Section 33.

What matter relating to appeals may rules provide for under Section 47(2)(zd)?

Rules may provide for the fee accompanying an appeal under Section 36(1).

What residuary rule-making power is provided under Section 47(2)(ze)?

Rules may provide for any other matter required or permitted to be prescribed.

What condition applies to exercise of rule-making power under Section 47(3)?

Rules shall be made after previous publication.

What parliamentary procedure is prescribed under Section 47(4)?

Every rule made under the Act shall be laid before each House of Parliament.

For what total period shall rules be laid before Parliament under Section 47(4)?

Rules shall be laid for a total period of thirty days.

In how many sessions may the thirty days period under Section 47(4) be comprised?

The period may be comprised in one session or in two or more successive sessions.

What is the effect under Section 47(4) if both Houses agree to modify a rule?

The rule shall thereafter have effect only in the modified form.

What is the effect under Section 47(4) if both Houses agree that a rule should not be made?

The rule shall thereafter be of no effect.

What saving clause is contained in Section 47(4)?

Any modification or annulment shall be without prejudice to the validity of anything previously done under the Act.

CHAPTER XI

REPEAL AND SAVINGS

What is the subject matter of Section 48 of the Designs Act, 2000?

Repeal and savings.

What enactment is repealed under Section 48(1)?

The Designs Act, 1911 (2 of 1911) is repealed.

To what are the savings under Section 48(2) without prejudice?

The savings are without prejudice to the provisions of the General Clauses Act, 1897 with respect to repeals.

What matters continued in force under Section 48(2)?

Notifications, rules, orders, requirements, registrations, certificates, notices, decisions, determinations, directions, approvals, authorisations, consents, applications, requests or things made, issued, given or done under the Designs Act, 1911 continue in force.

What condition is necessary for continuance under Section 48(2)?

The matter must be in force at the commencement of the Act.

What is the effect of continuance under Section 48(2)?

Such matters shall have effect as if made, issued, given or done under the corresponding provisions of the Act.

To what pending matters do the provisions of the Act apply under Section 48(3)?

The provisions apply to all applications for registration of designs pending at commencement of the Act, proceedings consequent thereon and registrations granted in pursuance thereof.

What is the effect of Section 48(4) on pending court proceedings?

Any proceeding pending in any court at the commencement of the Act may be continued as if the Act had not been passed.

What overriding clause is contained in Section 48(4)?

Section 48(4) operates notwithstanding anything contained in the Act.

What overriding clause is contained in Section 48(5)?

Section 48(5) operates notwithstanding anything contained in Section 48(2).

How is the date of expiration of copyright determined under Section 48(5) for designs registered before commencement of the Act?

The date of expiration shall be immediately after the period of five years for which the design was registered or immediately after the second period of five years for which extension was granted.

To what is the determination of expiration date under Section 48(5) subject?

The determination is subject to the provisions of the Act.