Chanderprabhu Jain College of Higher Studies

&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi& Approved by Bar Council of India)

E-NOTES

Class : B.A.LL.B /BBA LL.B VIII Semester

Paper Code : LLB 402

Subject : Intellectual Property Rights

UNIT-IV

Introduction to Designs Law

Design act 2000
Earlier this Act was governed by the Design Act, 1911. In order to bring the Design Act at par with
the International law the enactment of the Design Act, 2000 took place. So, presently the design
laws are regulated by the Design Act of 2000. It is an Act to consolidate and amend the law relating
to the protection of designs. It was published in the Gazette of India and came into force on
12.05.2000. This Act is a complete code in itself and is statutory in nature. It extends to the whole
of India.
A Design refers to the features of shape, configuration, pattern, ornamentation or composition of
lines or colours applied to any article, whether in two or three dimensional (or both) forms. This
may be applied by any industrial process or means (manual, mechanical or chemical) separately or
by a combined process, which in the finished article appeals to and judged solely by the eye.
Design does not include any mode or principle of construction or anything which is mere
mechanical device. It also does not include any trade mark or any artistic work. An industrial
design registration protects the ornamental or aesthetic aspect of an article. Designs may consist of
three-dimensional features, such as the shape or surface of an article, or of two dimensional
features, such as patterns, lines or color. Designs are applied to a wide variety of products of
different industries like handicrafts, medical instruments, watches, jewelry, house wares, electrical
appliances, vehicles and architectural structures. An industrial design is primarily for aesthetic
features.
Brief Introduction to related International Treaties and Convention

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There are two major international instruments for protecting infringement of industrial designs.
Hague Agreement Concerning The International Deposit Of Industrial Design, 1925 (Revised At
Hauge In 1960)
The primary purpose of this agreement as revised at Hague in 1960 is to facilitate the international
protection of industrial design by providing a single deposit with the International Bureau of WIPO
so that possible infringement in other member countries may be prevented. The protection is
offered only when the industrial design is deposited on payment of prescribed fee. The
international deposit once registered and published, will have the same effect in the contracting
state as if registered under the national laws. The protection is extended to the initial terms of 5
years and is renewable every 5 years.
Locarno Agreement on Establishing An International Classification For Industrial Design, 1968
This agreement aims at bringing uniformity to the classification of industrial designs to facilitate
searches for novelty and priority.
The above mentioned description of various international conventions and agreements on various
components of intellectual property rights will be deemed as completed only when a detailed
analysis of WIPO and the agreement on trade related aspects of intellectual property rights.
(Popularly known as TRIPs) is made.

Definitions
Design act 2000 definition
“Design” means features of shape, pattern, configuration, ornament or composition of colors or
lines which is applied in three dimensional or two dimensional or in both the forms using any of the
process whether manual, chemical, mechanical, separate or combined which in the finished article
appeal to or judged wholly by the eye.
„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 in 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

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device.

What it does not include?

It does not include any mode of construction or any trademark as defined under clause (v) of sub-
section (1) of Section 2 of the Trade and Merchandise Marks Act, 1958.
It does not include „property mark‟ as defined in section 479 of the Indian Penal Code, 1860.
It does not include any artistic work as defined in clause (c) of section 2 of the Copyright Act,
1957.
It does not include a trade mark or property mark or an artistic work. A design in order to be
registrable must be new or original not previously published in India or anywhere in the world.
A design may be incorporated in the article itself as in the case of a shape or configuration which is
three dimensional in nature or it may be represented two dimensionally on a piece of paper in such
a way that the article to which it is applied could be visualized.
Shape and configuration are three dimensional, e.g. the shape of a bottle, vase and so on; while
patterns or ornaments are two dimensional as in the case of patterns for textiles, wallpaper, etc.,
which serves the purpose of decoration.
A design may be the shape of a wash basin, a motor car, a locomotive engine or any material
object, it may be the shape embodied in a sculptured or a plastic figure, which is to serve as a
model for commercial production, or it may be a drawing in the flat or a complex pattern to be used
for the manufacture of things such as linoleum or wallpaper.
A design must have individuality of appearance, which makes it not merely visible but noticed
although it need not possess any artistic merit. A design not distinguishable from known designs or
which consists of scandalous or obscene matter is not registrable. An industrial design is different
from a trade mark. If after the expiry of the monopoly period, the design is not used by other
traders it might in course of time become distinctive of the goods of the original proprietor and
acquire significance as a trade mark (get-up). In such circumstance it can be protected from
copying by others by a passing off action.

1. Registration of Designs and Procedure

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Essential Requirements for Registration Of Design

A design should -

 Be new or original

 Not be disclosed to the public anywhere by publication in tangible form or by use or in any
other way prior to the filling date, or where applicable, the priority date of the application for
registration.

 Be significantly distinguishable from known Designs or combination of known designs.

 Not comprise or contain scandalous or obscene matter.

 Not be a mere mechanical contrivance.

 Be applied to an article and should appeal to the eye.

 Not be contrary to public order or morality.

Origin and development of design act in India

 The origin of the Design Act in India traces back to the British period.

 The first Act that gave privileges and protection to designs was the Patent and Designs Act,
1872. This Act supplemented the Act of 1859 which was passed by the Governor-General of
India to protect industrial designs and grant privileges to inventors.

 The Inventions and Designs Act of 1888 repealed this Act of 1872.

 The Act of 1888 was a reflection of the Designs Act of the United Kingdom.

 In the year 1911, the British government enacted a new law in the form of the Patent and
Designs Act repealing all the prior legislations.

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 In 1930, this Act was amended and the government came up with some changes in the process
of registration of designs in which the concept of new and original design changed to the new
or original design.

 This legislation used to govern the matters related to both patents as well as designs.

 In 1970, the Patent Act was enacted to deal with the matters of patent specifically. All the
provisions regarding patents from this Act were repealed and it continued to deal with
Industrial designs till 2000.

 India became a member state of the WTO in the year 1995. Consequently, the Patents and
Designs Act of 1911 was repealed and a new act called the Designs Act, 2000 was enacted in
compliance with TRIPS (Trade-Related aspects of Intellectual Property Rights) to make design
laws for the country.

 This new Act was enforced on 11th May 2001.

Salient features of design act 2000

India is a member of the World Trade Organization‟s Paris Convention. It has signed the Patent
Cooperation Treaty which allows all the signatories of the convention to claim priority rights.
Under the Act of 2000, Locarno classification has been adopted in which the classification is based
only on the subject matter of design. Under the previous provisions, the classification was made on
the basis of the material which has been used to make that material.
The introduction of “Absolute Novelty” makes it possible to judge a novelty on the basis of prior
publication of any article. This is applicable in other countries also. As per the new law, a design
can be restored which was absent in the previous enactment. Now, the registration of a design can
be restored. The Act allows the district courts to transfer cases to the high courts where the
jurisdiction is present. It is possible only in cases where a person is challenging the validity of any
registration.

 Laws regarding the delegation of powers of the controllers to other controllers and the duty of
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examiner are also mentioned in the new Act.

 The quantum of punishment is also enhanced under the Act in case of any infringement.

 The secrecy of two years of a registered design is also revoked.

 Provisions regarding the avoidance of certain restrictive conditions are also there so as to
regulate anti-competitive practices in contractual licenses.

 Whenever a license is brought within the domain of public records and that too publicly, the
registration is likely to be taken into consideration. Anyone can get a certified copy of it in
order to inspect the same.

 The laws regarding the substitution of the application before registering a design are also
mentioned in the new enactment.

 Under new provisions, power has been given to district court to transfer cases to the high court
where the court is having jurisdiction. This is only possible if the person is challenging the
validity of the design registration.

 Incorporates the provisions regarding delegation of powers of the controller to other controllers
and duty of examiner.

 Under the new provision, the quantum of punishment is also enhanced in case of infringement.

 It revokes the secrecy of two years of a registered design.

 It contains provisions for the avoidance of certain restrictive conditions so as to regulate anti-
competitive practices within contractual licenses.

 The registration is taken into consideration when it is brought within the domain of public
records that too physically. Anyone can inspect the records and get a certified copy of it.

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 It contains provisions for substitution of the application before registering the design.

Procedure for Registration of Design In India

The Application for registration of a design can be filed by the Applicant himself or by a
professional employed by the Applicant for this purpose. (If a professional is employed then a
power of attorney has to be filed along with theApplication)
Below is a list of the comprehensive steps involved in registering a Design in India:
1. Submit a duly filled in registration form with the prescribed fees along with four copies of the
representation of the Design (of size 33cm x 25cm with suitable margins). The drawing should
clearly depict the features of the design from all the views and it must state the view.
2. The Application along with the required documents must be submitted to the Design Wing of
the Patent Office in Kolkata or to any branch office of the Patent Office in Delhi, Mumbai or
Chennai.
3. On receipt of the application in the Patent Office, the Application is numbered, dated and taken
up for examination. (Please note that unlike Patents there is no need to file a separate request
for examination. Design Applications, once filed are automatically taken up for examination)
4. If any defects are noticed in the Application, they are communicated to Applicant or to his
Agent.
5. The defects must be corrected within a period of 6 months from the official date of Application.
6. If the defects are not rectified, as required by the Controller a personal hearing is provided to
the applicant. The Controller‟s decision after the hearing is communicated in writing (stating
reasons) to the Applicant or his Agent.
7. The Applicant can appeal to the High Court (within 3 months from the date of the Controller‟s
decision)
8. Once accepted the Application is notified in the Patent Office Journal.

Essential Requirements for registration

Novelty and originality
A design can be considered for registration only if they are unique. A combination of previously

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registered design can also be considered only if the combination produces new visuals. In a case
Hello Mineral Water PVT. LTD. v. Thermoking California Pure, a design of water dispenser
having a cylindrical shape was not considered as new on the grounds that mere shape and form is
not sufficient to prove novelty.
Design must be unique, a Prior publication is not acceptable
The design must not be a published one. If the design is already published than the design is not
eligible for the publication. There should not be any tangible copy available already in the market if
you are seeking registration of the design that is in digital format. Displaying of the design in any
fashion show by the creator is the publication of that design. Secret and private use of the design
does not amount to the publication and can be used for the experimental purpose.
It was held in Kemp and company v. Prima Plastics LTD. that disclosure of design by the
proprietor to any third person cannot be claimed as publication provided that the disclosure must be
in good faith.
Making application of design to an Article
The applicability of the design should be to the article itself. It can be informed of a three-
dimensional figure. There are two-dimensional figures also included in this act i.e any painting or
any graffiti on the walls or print on the bedsheets.
The design must not be contrary to the order and morality
The design must be registrable under the Design Act, 2000. It must not be prohibited by the
Government of India or any institution so authorized. The design must be capable of registering
under Section 5 of this act. The design which can cause a breach of peace and may hurt the
sentiments of the people may not be allowed to get register.

Cancellation of Registration of Design

The registration of a design may be cancelled at any time after the registration of design on a
petition for cancellation in form 8 with a fee of Rs. 1,500/-to the Controller of Designs on the
following grounds:
1. That the design has been previously registered in India or
2. That it has been published in India or elsewhere prior to date of registration

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3. The design is not new or original or

4. Design is not registrable or
5. It is not a design under Clause (d) of Section 2.
6. Piracy of Registered Design (s22) and Remedies
During the existence of copyright over any design, other persons are prohibited from using the
design except or with the permission of the proprietor, his licensee or assignee. The following
activities are considered to be infringement.

 To apply the design or any fraudulent imitation of it to any article forsale;

 To import for sale any article to which the design or fraudulent or obvious imitation of it, has
been applied;

 To publish or to expose for sale knowing that the design or any fraudulent or obvious imitation
of it has been applied to it.

Remedies Against The Piracy Of Registered Design

Two alternative remedies are available against the piracy of registered design under Section
53(2)(a) and Section 53(2)(b). The proprietor has to elect one of these two remedies.
Section 53(2)(a) provides that if any person acts in contravention of Section 53, he shall be liable to
pay the registered proprietor of the design a sum not exceeding Rs 500 for every contravention
recoverable as a contract debt. But the total sum recoverable in respect of any one design shall not
exceed Rs 1000. Section 53(2)(b) provides that the proprietor may bring a suit for the recovery of
damages for any such contravention, and for an injunction against the repetition thereof. In case he
succeeds, he will be entitled to recover such damages as may be awarded by the court and restrain
the defendant in terms of the injunction granted by the court.
As mentioned earlier, a plaintiff cannot avail both the remedies. He has to choose one. The
Bombay High Court in Calico Printers Association Ltd. v. Gosho Kabushiki Kaisha Ltd. ruled that
the defendant has a right to ask the plaintiff to elect between the remedies available to him under
Sections 53(2)(a) and 53(2)(b) at an early stage of the trial.

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A plaintiff cannot have an account of the profits made by the defendant in lieu of a claim for the
payment of Rs 1000 or for a claim of damages.
In a suit for infringement the defendant can take following defences :
(a) he can deny that there was any infringement as alleged, or
(b) contend that the design applied by him was materially different from the registered design, or
(c) that he applied the design with the consent of the registered proprietor of the design, or
(d) that the plaintiff is not the proprietor of the design, or
(e) that the registration of the design is invalid as in fact there was no design as claimed within the
definition under Section 2(5), or
(f) the design was not new or original or had been previously registered or published in India.
In the case of Mohammed Abdul Kareem v. Mohammed Yasin the Allahabad High Court held that
entry of a person's name in the register as the proprietor did not conclusively make him the
registered proprietor. This can be rebutted by adducing evidence to the contrary. This principle was
confirmed in Niki Tasha P. Ltd. v. Faridabad Gas Gadgets P. Ltd. In this case the Delhi High Court
rejected the argument of plaintiff that it was not open to the defendant to attack the validity of the
registration which could be done only in a separate action for cancellation of the registration.

Interlocutory Injunction under Civil Procedure Code

In addition to remedies provided in Sections 53(2)(a) and 53(2)(b), the plaintiff may seek
interlocutory injunction pendente lite under CPC, Order 39 Rules 1 and The principles applicable
to the grant of interlocutory injunction in the case of a design are the same as are applicable in the
case of a patent.
The plaintiff must make out a prima facie case and show that the balance of convenience is in his
favour. An interlocutory injunction will not normally be granted where damages will provide an
adequate remedy, should the plaintiff's claim succeed. The Delhi High Court in Niki Tasha P. Ltd.
v. Faridabad Gas Gadgets P. Ltd. held that the court will not grant an interlocutory injunction
unless satisfied that there is a real probability of the plaintiff succeeding on conclusion of the trial
of the suit. Interlocutory injunction will not be granted if there are substantial grounds for attacking
the validity of the registration.

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Interlocutory injunction will also be denied if the defendant gives an undertaking to keep an
account if he is a person of substance and the undertaking will give the relief which the plaintiff
requires.
In Bansal Plastic Industries v. Neeraj Toys Industries the court stated that granting a temporary
injunction is in the discretion of the court which is to be exercised in accordance with reason and
sound principles.

Overlapping Between Designs Copyrights and Trademark

When we talk about the subject of overlapping amongst the provisions of Intellectual Property
Legislations, we need to look at the provisions of The Copyright Act, 1957, The Trade Marks Act,
1999 and The Designs Act, 2000.The overall object of the copyright law is to protect the original
literary, dramatic, musical and artistic works, cinematograph films, sound recordings, broadcasting
rights and/or performers right.
The object of Design Law is to protect the features of shape, configuration, pattern or ornament or
composition of lines or colours applied to any article whether in two dimensional or three
dimensional or in both forms by industrial process or means, whether manual, mechanical or
chemical, separate or combined which in the finished appeal to and/are judged solely by the eye,
but does not include any trade mark or property mark or artistic work.
The object of The Trade Marks Law is to protect the marks which performs the role of identifying
the production or services with a particular source of manufacture or so as to indicate a connection
in the course of trade. The object of The Patents Law is to protect new and useful inventions as to
the process, method or manner of manufacture, machine, apparatus or other article and/or substance
produced by manufacture. “Copyright” is defined in Section 2 (c) of The Designs Act to mean
exclusive right to apply a “design” to any article in any class in which design is registered.
“Copyright” in Section 14 of The Copyright Act is defined to mean an exclusive right to authorize
the doing of any of the acts as prescribed therein.
It therefore, means that the expression “Copyright” has a different meaning and connotation in both
Intellectual Property related enactments i.e. The Copyright Act, 1957 & The Designs Act, 2000.
S. 15 of The Copyright Act precludes the subsistence of Copyright in the Design which is

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registered or is capable of being registered as a “design” under The Designs Act, 1911.
Though, the intention of the legislature is to avoid overlapping of the subjects of “Copyright” as
defined and protected under The Copyright Act from the subjects of “Copyright” as defined and
protected under The Designs Act, 1911 but a serious overlapping has occurred because of the new
Designs Act, 2000 which came into in force on 11th May, 2001.
The provision of Section 15 of The Copyright Act has not been amended to preclude the Designs
which are registered or capable of being registered under The Designs Act, 2000 from the ambit of
the provision of Copyright Law.
A unique situation has emerged on the interpretation of Section 15 of The Copyright Act.
Copyright shall continue to subsist under the Copyright Law in respect of a subject of a Design
even if the same is registered or is capable of being registered under The Designs Act, 2000,
though it was not so under The Designs Act, 1911.
The definition of “design” under The Design Act, 2000 has been expanded to include
“Composition of lines or colours applied to any article whether in two dimensional or three
dimensional or in both forms”.
The object of Design Law is to protect novel designs applied to the shape & configuration of an
article to be manufactured & marketed. The object of design law is not to prevent the infringement
of Copyrights as are governed by the Copyright Law.
If a two dimensional drawing (subject matter of Copyright as an artistic work under The Copyright
Law) is three dimensionally reproduced into an article, it is an infringement of Copyright under
Section 14(C )(1) read with Section 55 of the Act.
Where a two dimensional drawing is made by an artist from a three dimensional object in which no
copyright would subsist under the Design Law but still it would constitute infringement of
copyright under The Copyright Act.
Similarly, a two dimensional work consisting of composition of lines or colours applied to an
article would be covered by the definition of “design” under the Design Act, 2000. The
composition of lines or colours, say for example, if applied to a label or a carton would take the
said label or a carton within the ambit of Design Law and would thus be precluded from protection
under The Copyright Law.

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On the other hand, composition of lines or colours in themselves would come within the ambit of
“artistic work” and reproduction thereof two dimensionally or three dimensionally (as applied to an
article) would be protected as copyright under Section 14 of the Act.
It would, thus, be seen that on the one hand the composition of lines or colours would fall within
the scope of design and on the other hand would also fall within the scope of copyright, but at the
same time, by virtue of Section 15, the subsistence of copyright in such composition would be
excluded.
The matter will not rest here. Under the Copyright Law, a composition of lines or colours made by
an artist and as applied to an article in the shape of a label or a carton can perform the role of a
"trade mark" as the same is capable of being used in relation to goods and it is for this reason under
Section 45 of the Act, the Registrar of Trade Marks is empowered to issue a search report in
respect of such artistic works as are used as a trade mark as a pre-requisite for Copyright
registration. This would mean that an artistic composition of lines or colours as applied to an article
can perform the role of a "trade mark". If that be so, the definition of design under Section 2(d) of
the Act precludes trade mark from its ambit and scope. If the composition of lines or colours
applied to any article is considered to be a trade mark (which is capable of being so considered
under Section 45 of the Act) then no copyright in the design would subsist therein.
The overlapping and conflict in these provisions would mean confusion and multiplicity of legal
proceedings. The infringement of copyright and trade marks are civil as well as criminal wrongs as
against the infringement of designs which is purely a civil wrong. The effect of overlapping and
conflict would certainly have a repercussion on the remedies which the owner of a trade mark,
copyright or a design may be entitled to invoke or may invoke as per his convenience.
Now coming to the shape of an article. Hence-before, it has always been understood that shape of
an article being the subject matter of “Design Law” because of its aesthetic value. The protection
under the Design Law is for a limited period of time and on expiry of the term of a design,
copyright therein ceases to subsist and such design falls in public domain. If the shape of goods or
packaging is considered as “marks” under The Trade Marks Act, 1999 then the right therein
becomes perpetual. The proprietors of “lapsed designs” can legitimately claim the “shape of their
products or packaging as their “trade marks” and consequentially become entitled to a perpetual

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right therein irrespective of the fact that such shapes should fall under the ambit of Design Law and
entitled to limited monoply.
The definition of the expression “Mark” has now been amended in the Trade Mark Act, 1999 so as
to include “shape of goods, packaging or combination of colours or any combination thereof. If
shape of the goods or packaging or combination of colours is defined as a mark under Section 2(m)
of the Act, then such shapes of goods or combination of colours would automatically stand
excluded from the definition of design.

What is to be considered to register under this Act?

Looking forward to registering a design under Design Act, 2000, one must ensure following
features in your design which are:

 The work must be capable of selling and made separately.

 It must be original and new to the market. The plagiarised design will not be considered under
this act.

 It should be purely distinguishable from other designs.

 It must not relate to obscenity or any material which is inappropriate.

 Rights of the proprietor of the design

 When a proprietor applies for the registration of the design he shall automatically get
„copyrights in design‟ for the period of 10 years from the date of registration. This period can
be extended if the proprietor wants to continue with the design. The Design Act should not be
confused with the Copyrights act because there are many products which can be registered
under both the acts but their remedies cannot be sought in both the acts individually.

Who is entitled to seek Registration?

As per the provisions of Design Act, 2000 any proprietor who is seeking registration of a design

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which is original and unpublished previously in any country which does not seems to be contrary to
any law and order of that country can file an application for registration. A proprietor as per
Section 2(j) includes that person whois the author of that design acquired design for a valid
consideration and Any person to whom the design has been devolved from the original proprietor.
In case there is more than one author than the design must be applied by the joint authors only.

Locarno classification
Locarno agreement is an agreement as per which the designs are registered under the Act. It
classifies goods for the purpose of registering them which helps in Design searches. It divides
designs into different classes which are mainly function-oriented.

Procedure for registration of design in India

Chapter 2 of the Design Act deals with the registration of designs and the procedure to be followed
for the same. The following steps must be followed:
An application for the registration shall be made in the patent office in the prescribed form along
with the prescribed fee. The class in which the design is to be registered must be specified in the
application and the article(s) to which it is to be applied. There are separate applications which
need to be filed for each class of article.
The controller will give the application for examining it so as to check whether the design is
capable of being registered or not. If everything seems perfect then the controller will accept the
application and proceed further.
If there is any objection, then the applicant or his agent will be asked to make necessary
amendments so as to register the design and nullify the objection.
If the objection does not get removed within three months after the hearing, the application will be
withdrawn and it must be noted that

Application for registration of designs

The application for registration of designs is given under Section 5 of the Design Act, 2000.
The controller registers a design under this Act after verifying that the design of any person,

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(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi& Approved by Bar Council of India)

claiming to be the proprietor, is the new or original design not previously published anywhere and
is not against any public policy or morality. Provided that such a design should be capable of being
registered under this Act.

 The applications under the Act shall be filed in the Patent Office in the prescribed manner along
with the prescribed fee for filling the form.

 The design should be registered in a specific class and not in more than one class. In case of
any doubt regarding the class in which the design should be registered, the Controller will
decide the matter.

 The controller may even reject any design and not register it. In such a case, the person
aggrieved may file an appeal before the High Court.

 If any application is not complete within the prescribed time limit owing to the fault of the
applicant then it shall be abandoned.

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

 A wide variety of items that can be registered under the Act include cutlery, dresses, etc.

 Items that cannot be registered as a design under the Act

 Signs, emblems or flags of any country.

 Size of any article, if changed.

 Structures and buildings.

 Integrated circuits‟ layout designs.

 Trade variations.

 Any principle or mode of construction of any article such as labels, tokens, cartoons, cards, etc.
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 Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi& Approved by Bar Council of India)

 Books, calendars, certificates, jackets, forms-and other documents, greeting cards, maps and
plan cards, postcards, leaflets, stamps, medals, dressmaking patterns.

 A mechanical contrivance.Workshop alterations of components of an assembly. Parts of any

article which is not manufactured and sold separately.

Duration of the registration of a design

The total time for which a design can be registered is 15 years. Initially, it was 10 years, which
could be extended for another 5 years by paying a fee of Rs. 2000 to the Controller but it should be
done before the expiry of that 10 years period. The proprietor of any design may even file an
application as soon as the design gets registered for such an extension.

Appeal for cancellation of the registration of a design

The registration of any design can be canceled anytime after it gets registered by filing a petition
for such cancellation in Form 8 along with a fee of Rs. 1,500 to the Controller.

The grounds for such cancellation are as follows:

 The design has been already registered in India previously.

 It has been published in India or somewhere else before the date of registration.

 The design is not original or new.

 It is not registrable under the Act.

Entitlement of registration under design act 2000

According to the Design Act of 2000, a proprietor who wants to get his design registered and it is
original and is not published previously anywhere in any country and the one which does not seem
to be clashing to any law and order of that country, can file an application for getting the design
registered. A proprietor includes the persons who:
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 Chanderprabhu Jain College of Higher Studies
&
School of Law
An ISO 9001:2015 Certified Quality Institute
(Recognized by Govt. of NCT of Delhi, Affiliated to GGS Indraprastha University, Delhi& Approved by Bar Council of India)

Is the author of the design;

Has acquired the design for a valid consideration and
Anyone to whom that design has been devolved from the original titleholder.
In case if there is more than one author of the design, then the design must be applied by the joint
authors.

Copyright in registered designs

After the registration of a design, the proprietor shall have the copyright of the design for 10 years
from the date of registration.
If you want to extend the copyright period for the second period of 5 years then before the expiry
of the original said ten years an application must be filed in the Controller‟s office along with the
prescribed fee.

Register of designs
A book named „Register of Designs‟ shall be kept at the Patent Office which contains all the details
regarding the registered designs such as names, addresses of proprietors of registered designs,
notifications and transmissions of designs and other important information. Such register must be
maintained wholly or partly on computer diskettes or floppies as may be prescribed.

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