An application for rectification of register of designs may be filed by any person aggrieved on the following grounds:
- non-insertion or omission of an entry;
- entry made without sufficient cause;
- entry wrongly remaining on the register;
- error or defect in any entry.
- The rectification may be made by way of making, expunging or varying any entry.
- Rectification does not include cancellation of a design.
- Design application no
- Grounds on which rectification is sought
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Frequently Asked Questions
What is meant by Design?
Design means only the features of shape, configuration, pattern or ornament or composition of lines or colour or combination thereof applied to any article whether two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye.
What is the object of registration of Designs?
Object of the Designs Act is to protect new or original designs so created to be applied or applicable to particular article to be manufactured by Industrial Process or means. Sometimes purchase of articles for use is influenced not only by their practical efficiency but also by their appearance. The important purpose of design Registration is to see that the artisan, creator, originator of a design having aesthetic look is not deprived of his bonafide reward by others applying it to their goods.
Can stamps. Labels, tokens, cards be considered an article for the purpose of registration of Design?
No. Because once the alleged Design i.e., ornamentation is removed only a piece of paper, metal or like material remains and the article referred ceases to exist. Article must have its existence independent of the Designs applied to it. [Design with respect to label was held not registrable, by an Order on civil original case No. 9-D of 1963, Punjab, High Court]. So, the Design as applied to an article should be integral with the article itself.
When does the Applicant for Registration of Design get the registration certificate?
When an application for registration of a Design is in order, it is accepted and registered and then a certificate of registration is issued to the applicant.
Is the Certificate so received can be used under legal proceedings?
No, the certificate is not capable to be used under any legal proceeding; a separate request should be made to the Controller for obtaining a certified copy of the certificate for legal proceeding with requisite fee.
What is the effect of registration of design?
The registration of a design confers upon the registered proprietor Copyright in the design for the period of registration. Copyright means the exclusive right to apply a design to the article belonging to the class in which it is registered.
What is the duration of the registration of a design? Can it be extended?
The duration of the registration of a design is initially ten years from the date of registration, but in cases where claim to priority has been allowed the duration is ten years from the priority date. This initial period of registration may be extended by further period of 5 years on an application made accompanied by prescribed fees to the Controller before the expiry of the said initial period of ten years. The proprietor of a design may make application for such extension even as soon as the design is registered.
Is it possible to re-register a design in respect of which Copyright has expired?
No. A registered design, the copyright of which has expired cannot be re-registered.
How one can ascertain whether registration subsists in respect of any design?
For ascertaining whether registration subsists in respect of a design, a request should be made to the Patent Office, Kolkata, in the prescribed manner together with prescribed fees. Each such request should be confined to information in respect of a single design.
Is there any penalty for the piracy of a registered Design?
If anyone contravenes the copyright in a design he is liable for penalty the registered proprietor may bring a suit for the recovery of the damages for any such contravention and for injunction against repetition of the same. The suit for infringement, recovery of damage etc should not be filed in any court below the court of District Judge.
Can the Registration of a Design be cancelled?
The registration of a design may be cancelled at any time after the registration of design on a petition for cancellation with prescribed fee to the Controller of Designs on the following grounds:
- That the design has been previously registered in India or
- That it has been published in India or elsewhere prior to date of registration or
- The design is not new or original or
- Design is not registrable or
- It is not a design under Clause (d) of Section 2.
Why is it important for filing the application for registration of design at the earliest possible?
First-to-file rule is applicable for registrability of design. If two or more applications relating to an identical or a similar design are filed on different dates only first application will be considered for registration of design.
How to get information on registration of design?
After registration of designs the best view of the article along with other bibliographic data will be notified in the Official Journal of The Patent Office.
Whether it is possible to transfer the right of ownership?
Yes, it is possible to transfer the right through assignment, agreement, transmission with terms and condition in writing or by operation of law. However, certain restrictive conditions not being the subject matter of protection relating to registration of design should not be included in the terms and condition of the contract/agreement etc. An application with prescribed fees in respect of one design and appropriate fees for each additional design, for registration of the transfer documents is required to be made by the beneficiary to the Controller within six months from the date of execution of the instruments or within further period not exceeding six months in aggregate. An original/notarized copy of the instrument to be registered is required to be enclosed with the application.
How it is possible to restore the lapsed design due to non-payment of extension fee within prescribed time?
A registration of design will cease to be effective on non-payment of extension fee for further term of five years if the same is not paid before the expiry of original period of 10 years. However, lapsed designs may be restored provided the following conditions are satisfied: Application for restoration with prescribed fees is to be filed within one year from the date of lapse stating the ground for such non-payment of extension fee with sufficient reasons. If the application for restoration is allowed the proprietor is required to pay the prescribed extension fee and requisite additional fee and finally the lapsed registration is restored.
Can the name, address of proprietor or address for service be altered in the register of design?
Name and address of the registered proprietor, or address for service can be altered in the register of designs provided this alteration is not made by way of change of ownership through conveyance i.e. deed of assignment, transmission, license agreement or by any operation of law. Application with prescribed fee of should be filed to the Controller of Designs with all necessary documents in support of the application as required.
What sort of artistic works are not subject matter of registration?
Artistic works means: - A painting, a sculpture, a drawing (including a diagram, map, chart or plan) on engraving or a photograph, whether or not such work possesses artistic quality. An work of architecture and Any other work of artistic craftsmanship.
How does a registration of design stop other people from Infringement?
Once a design is registered, it gives the legal right to bring an action against those persons (natural/legal entity) who infringe the design right, in the Court not lower than District Court in order to stop such infringement and to claim any damage to which the registered proprietor is legally entitled. However, it may please be noted that if the design is not registered under the Designs Act, 2000 there will be no legal right to take any action against the infringer under the provisions of the Designs Act, 2000.