DESIGNS ACT, 1911

2 of 1911

An Act to amend the law relating to the protection of Designs. Whereas it is expedient to amend the law relating to the protection of designs; it is hereby enacted as follows :-

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT.

(1) This Act may be called the Designs Act, 1911.

(2) It extends to the whole of India.

(3) It shall come into force on the first day of January, 1912.

SECTION 02: DEFINITIONS.

In this Act, unless there is anything repugnant in the subject or context:-

(1) **

(2) "article" means any article of manufacture and any substance, artificial or natural, or partly artificial and partly natural;

(3) "Controller" means the Controller General of Patents, Designs and Trade Marks appointed under sub-section (1) ofsection 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) -;

(4) "copyright" means the exclusive right to apply a design to any article in any class in which the design is registered ;

(5) "design" means only the features of shape, configuration, pattern or ornament applied to any article by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark as defined in clause (v) of sub-section (1) ofsection 2 of the Trade and Merchandise Marks Act, 1958-, or property mark as defined insection 479 of the Indian Penal Code (45 of 1860)-;

(6)**

(7) "High Court" means-

(a) in relation to a State, the High Court for that State ;

(b) in relation to the Union Territory of Delhi or Himachal Pradesh the High Court of  Punjab ;

(c) in relation to the Union Territory of Manipur or Tripura, the High Court of Assam;

(d) in relation to the Union Territory of the Andaman and Nicobar Islands, the High Court at Calcutta ; and

(e) in relation to the Union Territory of the Laccadive, Minicoy and Amindivi Islands, the High Court of Kerala;

(f) in relation to the Union Territories of Dadra and Nagar Haveli and Goa, Daman and Diu, the High Court at Bombay;

(g) in relation to the Union Territory of Pondicherry, the High Court at Madras.

(8)**

(9) "legal representative" means a person who in law represents the estate of a deceased person;

(10)**

(11)**

(12) "patent office" means the patent office referred to insection 74 of the Patents Act, 1970-;

(13) "prescribed" includes prescribed by rules under this Act; and

(14) "proprietor of a new or original design", -

(a) where the author of the design, for good consideration, executes the work for some other person, means the person for whom the design is so executed ; and

(b) where any person acquires the design or the right to apply the design to any article, either exclusively of any other person or otherwise, means, in the respect and to the extent in and to which the design or right has been so acquired, the person by whom the design or right is so acquired; and

(c) in any other case, means the author of the design; and where the property in, or the right to apply, the design has devolved from the original proprietor upon any other person, includes that other person.

SECTION 02A: 2A-42.

OMMITTED

SECTION 43: APPLICATION FOR REGISTRATION OF DESIGNS.

(1) The Controller may, on the application of any person claiming to be the proprietor of any new or original design not previously published in India, register the design under this Part.

(2) The application must be made in the prescribed form and must be left at the Patent Office in the prescribed manner and must be accompanied by the prescribed fee.

(3) The same design may be registered in more than one class, and, in case of doubt as to the class in which a design ought to be registered, the Controller may decide the question.

(4) The Controller may, if he thinks fit, refuse to register any design presented to him for registration; but any person aggrieved by any such refusal may appeal to the Central Government.

(5) An application which, owing to any default or neglect on the part of the applicant, has not been completed so as to enable registration to be effected within the prescribed time shall be deemed to be abandoned.

(6) A design when registered shall he registered as of the date of the application for registration.

SECTION 44: REGISTRATION OF DESIGNS IN NEW CLASSES.

Where a design has been registered in one or more classes of goods, the application of the proprietor of the design to register it in some one or more other classes shall not be refused, nor shall the registration thereof be invalidated-

(a) on the ground of the design not being a new or original design, by reason only that it was so previously registered; or

(b) on the ground of the design having been previously published in India, by reason only that it has been applied to goods of any class in which it was so previously registered: Provided that such subsequent registration shall not extend the period of copyright in the design beyond that arising from previous registration.

SECTION 45: CERTIFICATE OF REGISTRATION.

(1) The Controller shall grant a certificate or registration to the proprietor of the design when registered.

(2) The Controller may, in case of loss of the original certificate, or in any other case in which he deems it expedient, furnish one or more copies of the certificate.

SECTION 46: REGISTER OF DESIGNS.

(1) There shall be kept at the Patent Office a book called the Register of Designs, wherein shall be entered the names and addresses of proprietors of registered designs, notifications of assignments and of transmissions of registered designs, and such other matters as may be prescribed.

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

(3) The register of designs shall be prima fade evidence of any matters by this Act directed or authorized to be entered therein.

SECTION 47: COPYRIGHT ON REGISTRATION.

(1) When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during five years from the date of registration.

(2) If before the expiration of the said five years application for the extension of the period of copyright is made to the Controller in the prescribed manner, the Controller shall, on payment of the prescribed fee, extend the period of copyright for a second period of five years from the expiration of the original period of five years.

(3) If before the expiration of such second period of five years application for the extension of the period of copyright is made to the Controller in the prescribed manner, the Controller may, subject to any rules under this Act, on payment of the prescribed fee, extend the period of copyright for a third period of five years from the expiration of the second period of five years.

SECTION 48: REQUIREMENTS BEFORE DELIVERY ON SALE.

(1) Before delivery on sale of any articles to which a registered design has been applied, the proprietor shall-

(a) (if exact representations or specimens were not furnished on the applica- tion for registration), furnish to the Controller the prescribed number of exact representations or specimens of the design; and, if he fails to do so, the Controller may erase his name from the register, and thereupon the copyright in the design shall cease; and

(b) cause each such article to be marked with the prescribed mark, or with the prescribed words or figures, denoting that the design is registered ;and, if he fails to do so, the proprietor shall not been titled to recover any penalty or damages in respect of any infringement of his copyright in the design unless he shows that he took all proper steps to ensure the marking of the article, or unless he shows that the infringement took place after the person guilty thereof knew or had received notice of the existence of the copyright in the design.

(2) Where a representation is made to the Central Government by or on behalf of any trade or industry that in the interests of the trade or industry it is expedient to dispense with or modify as regards any class or description of articles any of the requirements of this section as to marking, the Central Government may, if it thinks fit, by rule under this Act, dispense with or modify such requirements as regards any such class or description of articles to such extent and subject to such conditions as it thinks fit.

SECTION 49: EFFECT OF DISCLOSURE ON COPYRIGHT

The disclosure of a design by the proprietor to any other person, in such circumstances as would make it contrary to good faith for that other person to use or publish the design, and the disclosure of a design in breach of good faith by any person other than the proprietor of the design, and the acceptance of a first and confidential order for goods bearing a new or original textile design intended for registration, shall not be deemed to be a publication of the design sufficient to invalidate the copyright thereof if registration thereof is obtained subsequently to the disclosure or acceptance.

SECTION 50: INSPECTION OF REGISTERED DESIGNS.

(1) During the existence of copyright in a design, or such shorter period not being less than two years from the registration of the design as may be prescribed, the design shall not be open to inspection except by the proprietor or a person authorised in writing by him, or a person authorized by the Controller or by the Court and furnishing such information as may enable the Controller to identify the design, and shall not be open to the inspection of any person except in the presence of the Controller, or of an officer acting under him, and on payment of the prescribed fee; and the person making the inspection shall not be entitled to take any copy of the design, or of any part thereof : Provided that, where registration of a design is refused on the ground of identity with a design already registered, the applicant for registration shall be entitled to inspect the design so registered.

(2) After the expiration of the copyright in a design, or such shorter period as aforesaid, the design shall be open to inspection, and copies thereof may be taken by any person on payment of the prescribed fee.

(3) Different period may be prescribed under this section for different classes of goods.

SECTION 51: INFORMATION AS TO EXISTENCE OF COPYRIGHT.

On the request of any person furnishing such information as may enable the Controller to identify the design, and on payment of the prescribed fee, the Controller shall inform such person whether the registration still exists in respect of the design, and, if so, in respect of what classes of goods, and shall state the date of registration, and the name 'and address of the registered proprietor.

SECTION 51A: CANCELLATION OF REGISTRATION

(1) Any person interested may present a petition for the cancellation of the registration of a design-

(a) at any time after the registration of the design, to the High Court on any of the following grounds, namely:-

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

(ii) that it has been published in India prior to the date of registration ; or

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

(b) within one year from the date of the registration, to the Controller on either of the grounds specified in sub - clauses (i) and'(ii) of clause (a).

(2) An appeal shall lie from any order of the Controller under this section to the High Court, and the Controller may at any time refer any such petition to the High Court, and the High Court shall decide any petition so referred.

SECTION 51B: DESIGNS TO BIND GOVERNMENT

A registered design shall have to all intents the like effect as against Government as it has against any person and the provisions of Chapter XVII of the Patents Act, 1970-, shall apply to registered designs as they apply to patents.

SECTION 52: PROVISIONS AS TO EXHIBITIONS.

The exhibition of a design, or of any article to which a design is applied, at an industrial or other exhibition to which the provisions of this section have been extended by the Central Government by notification in the Official Gazette, or the publication of a description of the design, during the period of the holding of the exhibition, or the exhibition of the design or the article or the publication of a description of the design, by any person elsewhere during or after the period of the holding of the exhibition, without the privity or consent of the proprietor, shall not prevent the design from being registered or invalidate the registration thereof: Provided that-

(a) the exhibitor exhibiting the design or article, or publishing a description of the design, gives to the Controller previous notice in the prescribed form; and

(b) the application for registration is made within six months from the date of first exhibiting the design or article or publishing a description of the design.

SECTION 53: PIRACY OF REGISTERED DESIGN.

(1) During the existence of copyright in any design it shall not be lawful for any person-

(a) for the purpose of sale to apply or cause to be applied to any article in any class of goods in which the design is registered the design or any fraudulent or obvious imitation thereof, except with the licence or written consent of the registered proprietor, or to do anything with a view to enable the design to be so applied ; or

(aa) to import for the purposes of sale, without the consent of the registered proprietor, any article belonging to the class in which the design has been registered, and having applied to it the design or any fraudulent or obvious imitation thereof; or

(b) knowing that the design or any fraudulent or obvious imitation thereof has been applied to any article in any class of goods in which the design is registered without the consent of the registered proprietor, to publish or expose or cause to be published or exposed for sale that article.

(2) If any person acts in contravention of this section, he shall be liable for every contravention--

(a) to pay to the registered proprietor of the design a sum not exceeding five hundred rupees recoverable as a contract debt, or

(b) if the proprietor elects to bring a suit for the recovery of damages for anyb such contravention, and for an injunction against the repetition thereof, to pay such damages as may be awarded and to be restrained by injunction accordingly Provided that the total sum recoverable in respect of any one design under clause (a) shall not exceed one thousand rupees.

(3) When the Court makes a decree in a suit under sub-section (2), it shall send a copy of the decree to the Controller, who shall cause an entry thereof to be made in the register of designs.

SECTION 54: APPLICATION OF CERTAIN PROVISIONS OF THE ACT AS TO PATENTS TO DESIGNS.

The provisions of Patents Act, 1970-with regard to certificates of the validity of a patent, and to the remedy in case of groundless threats of legal proceedings by a patentee shall apply in the case of registered designs in like manner as they apply in the case of patents, with the substitution of references to the copyright in a design for references to a patent, and of references to the proprietor of a design for references to the patentee, and of references to the designs for references to the invention.

SECTION 57: FEES.

(1) There shall be paid in respect of the registration of designs and applications therefor and in respect of other matters relating to designs under this Act such fees as may be prescribed by the Central Government.

(2) A proceeding in respect of which a fee is payable under this Act or the rules made thereunder shall be of no effect unless the fee has been paid.

SECTION 58: NOTICE OF TRUST NOT TO BE ENTERED IN REGISTERS.

There shall not be entered in any register kept under this Act, or be receivable by the Controller, any notice of any trust, expressed, implied or constructive.

SECTION 59: INSPECTION OF AND EXTRACTS FROM REGISTERS.

Every register kept under this Act shall at all convenient times be open to the inspection of the public, subject to the provisions of this Act; and certified copies, sealed with the seal of the Patent Office, of any entry in any such register shall be given to any person requiring the same on payment of the prescribed fee.

SECTION 60: PRIVILEGE OF REPORTS OF CONTROLLER.

Reports of or to the Controller made under this Act shall not in any case be published or be open to public inspection.

SECTION 61: PROHIBITION OF PUBLICATION OF DRAWINGS, ETC., WHERE APPLICATION ABANDONED, ETC.

Where an application for a design has been abandoned or refused, the application and any drawings, photographs, tracings, representations or specimens left in connection with the application shall not at any time be open to public inspection or be published by the Controller.

SECTION 62: POWER OF CONTROLLER TO CORRECT CLERICAL ERRORS

The Controller may, on request in writing accompanied by the prescribed fee, correct any clerical error in the representation of a design or in the name or address of the proprietor of any design or in any other matter which is entered upon the register of designs.

SECTION 63: ENTRY OF ASSIGNMENTS AND TRANSMISSIONS IN REGISTERS.

(1) Where a person becomes entitled by assignment, transmission or other operation of law to the copyright in a registered design, he may make application to the Controller to register his title, and the Controller shall, on receipt of such application and on proof of title to his satisfaction, register him as the proprietor of such design, and shall cause an entry to be made in the prescribed manner in the register of the assignment, transmission or other instrument affecting the title.

(2) Where any person becomes entitled as mortgagee, licensee or otherwise to any interest in a registered design, he may make application to the Controller to register his title, and the Controller shall, on receipt of such application and on proof of title to his satisfaction, cause notice or the interest to be entered in the prescribed manner in the register of designs with particulars of the instrument, if any, creating such interest.

(3) The person registered as the proprietor of a design shall, subject to the provisions of this Act and to any rights appearing from the register to be vested in any other person, have power absolutely to assign, grant licences as to, or otherwise deal with, the design and to give effectual receipts for any consideration for any such assignment, licence or dealing : Provided that any equities in respect of the design may be enforced in like manner as in respect of any other movable property.

(4) Except in the case of an application made under section 64-, a document or instrument in respect, of which no entry has been made in the register in accordance with the provisions of subsections (1) and (2) shall not be admitted in evidence in any Court in proof of the title to copyright in a design or to any interest therein, unless the Court, for reasons to be recorded in writing, otherwise directs.

SECTION 64: RECTIFICATION OF REGISTER.

(1) The Controller may, on the application in the prescribed manner of any person aggrieved by the non-insertion in or omission from the register of designs of any entry, or by any entry made in such register without sufficient cause, or by any entry wrongly remaining on such register, or by an error or defect in any entry in such register, make such order for making, expunging or varying such entry as he thinks fit and rectify the register accordingly.

(2) The Controller may in any proceeding under this section decide any question that it may be necessary or expedient to decide in connection with the rectification of a register.

(3) An appeal shall lie to the High Court from any order of the Controller under this section; and the Controller may refer any application under this section to the High Court for decision, and the High Court shall dispose of any application so referred.

(4) Any order of the Court rectifying a register shall direct that notice of the rectification be served on the Controller in the prescribed manner, who shall upon the receipt of such notice rectify the register accordingly.

(5) Nothing in this section shall be deemed to empower the Controller-

(a) **

(b) to make any such order cancelling the registration of a design as is provided for in section 51 A-.

SECTION 65: POWERS OF CONTROLLER IN PROCEEDINGS UNDER ACT.

Subject to any rules in this behalf, the Controller in any proceedings before him under this Act shall have the powers of a Civil Court for the purposes of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of documents, issuing commissions for the examining of witnesses and awarding costs and such award shall be executable in any Court having jurisdiction as if it were a decree of that Court.

SECTION 66: PUBLICATION OF PATENTED INVENTIONS.

[Repealed by the Patents Act, 1970.]

SECTION 67: EXERCISE OF DISCRETIONARY POWER BY CONTROLLER.

Where any discretionary power is by or under this Act given to the Controller, he shall not exercise that power adversely to the applicant for registration of a design, without (if so required within the prescribed time by the applicant) giving the applicant an opportunity of being heard.

SECTION 68: POWER OF CONTROLLER TO TAKE DIRECTIONS OF THE CENTRAL GOVERNMENT.

The Controller may, in any case of doubt, or difficulty arising in the administration of any of the provisions of this Act, apply to the Central Government for directions in the matter.

SECTION 69: REFUSAL TO GRANT PATENT, ETC., IN CERTAIN CASES.

(1) The Controller may refuse to register a design, of which the use would, in his opinion, be contrary to law or morality.

(2) An appeal shall lie to the Central Government from an order of the Controller under this section.

SECTION 70: APPEALS TO THE CENTRAL GOVERNMENT.

(1) Where an appeal is declared by this Act to lie from the Controller to the Central Government, the appeal shall be made within three months of the date of the order passed by the Controller, and shall be in writing, and accompanied by the prescribed fee.

(2) In calculating the said period of three months the time (if any) occupied in granting a copy of the order appealed against shall be excluded.

(3) The Central Government may, if it thinks fit, obtain the assistance of an expert in deciding such appeals, and the decision of the Central Government shall be final.

SECTION 70A: EVIDENCE BEFORE THE CONTROLLER

Subject to any rules made under section 77-, in any proceeding under this Act before the Controller, the evidence shall be given by affidavit, in the absence of directions by the Controller to the contrary; but in any casein which the Controller thinks it right so to do he may take evidence viva voce in lieu of or in addition to evidence by affidavit or may allow any party to be cross examined on the contents of his affidavit.

SECTION 71: CERTIFICATE OF CONTROLLER TO BE EVIDENCE.

A certificate purporting to be under the hand of the Controller as to any entry, matter or thing which he is authorize by this Act, or any rules made thereunder, to make or do, shall be prima fade evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or left undone.

SECTION 71A: EVIDENCE OF DOCUMENTS IN PATENT OFFICE

Printed or written copies or extracts, purporting to be certified by the Controller and sealed with the seal of the Patent Office, of documents in the Patent Office, and of or from registers and other books kept there, shall be admitted in evidence in all Courts in India, and in all proceedings, without further proof or production of the originals : Provided that a Court may, if it has reason to doubt the accuracy or authenticity of the copies tendered in evidence, require the production of the originals or such further proof as it considers necessary.

SECTION 72: TRANSMISSION OF COPIES OF SPECIFICATION, ETC., AND INSPECTION THEREOF.

[Repealed by the Patents Act, 1970.]

SECTION 73: APPLICATIONS AND NOTICES BY POST.

Any application, notice or other document authorized or required to be left, made or given at the Patent Office or to the Controller, or to any other person under this Act, may be sent by post.

SECTION 74: DECLARATION BY INFANT, LUNATIC, ETC.

(1) If any person is, by reason of infancy, lunacy or other disability, incapable of making any statement or doing anything required or permit- ted by or under this Act, the lawful guardian, committee or manager (if any) of the person subject to the disability, or, if there be none, any person appointed by any Court possessing jurisdiction in respect of his property, may make such statement or a statement as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of the person subject to the disability.

(2) An appointment may be made by the Court for the purposes of this section upon the petition of any person acting on behalf of the person subject to the disability or of any other person interested in the making of the statement or the doing of the thing.

SECTION 75: SUBSCRIPTION AND VERIFICATION OF CERTAIN DOCUMENTS

[Repealed by the Patents Act, 1970.]

SECTION 76: AGENCY.

(1) All applications and communications to the Controller under this Act may be signed by, and all attendances upon the Controller may be made by or through a legal practitioner or by or through an agent authorised to the satisfaction of the Controller.

(2) The Controller may, if he sees fit, require-

(a) any such agent to be resident in India ;

(b) any person not residing in India to employ an agent residing in India ;

(c) the personal signature or presence of any applicant, or other person.

SECTION 77: POWER FOR CENTRAL GOVERNMENT TO MAKE RULES.

(1) The Central Government may make such rules as it thinks expedient subject to the provisions of this Act-

(a) for regulating the practice of registration under this Act;

(b) for classifying goods for the purposes of designs;

(c) for making or requiring duplicates of drawings and other documents;

(d) for securing and regulating the publishing and selling of copies, at such prices and in such manner as the Central Government thinks fit of drawings and other documents ;

(e) providing for the inspection of documents in the Patent Office and for the manner in which they may be published ;

(ee) for the manner in which fees leviable under this Act may be paid;

(f) generally for regulating the business of the Patent Office, the conduct of proceedings before the Controller, and all things by this Act placed under the direction or control of the Controller or of the Central Government; and

(g) generally for the purpose of carrying into effect the provisions of this Act.

(2) The power to make rules under this section shall be subject to the condition of the rules being made after previous publication.

(3) All rules made under this section shall be published in the Official Gazette, and on such publication shall have effect as if enacted in this Act.

1[4) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

SECTION 78: WRONGFUL USE OF "PATENT OFFICE"

** ** **

SECTION 78: A RECIPROCAL ARRANGEMENT WITH UNITED KINGDOM AND OTHER COMMONWEALTH COUNTRIES

(1) Any person who has applied for protection for any design in the United Kingdom or his legal representative or assignee shall, either alone or jointly with any other person, be entitled to claim that the registration of the said design under this Act shall be in priority to other applicants and shall have the same date as the date of the application in the United Kingdom : Provided that-

(a) the application is made within six months from the application for protection in the United Kingdom; and

(b) nothing in this section shall entitle the proprietor of the design to recover damages for infringements happening prior to the actual date on which the design is registered in India.

(2) The registration of a design shall not be invalidated by reason only of the exhibition or use of, or the publication of a description or representation of, the design in India during the period specified in this section as that within which the application may be made.

(3) The application for the registration of a design under this section must be made in the same manner as an ordinary application under this Act.

(4) Where it is made to appear to the Central Government that the Legislature of any such Commonwealth country as may be notified by the Central Government in this behalf has made satisfactory provision for the protection of designs registered in India, the Central Government may, by notification in the Official Gazette, direct that the provisions of this section, with such variations or additions, if any, as may be set out in such notification, shall apply for the protection of designs registered in that Commonwealth country.

SECTION 79: SAVINGS FOR PREROGATIVE.

[Repealed by the Adaptation of Laws Order, 1950.]

SECTION 80: REPEALS AND SAVINGS.

(1) If immediately before-

(i) the 18th day of April, 1950, in relation to any Part B State other than the State of Jammu and Kashmir, and

(ii) the date of commencement of the Jammu and Kashmir (Extension of Laws) Act, 1956, in relation to the State of Jammu and Kashmir, there was in force in the Part B State concerned any law corresponding to this Act, that corresponding law shall be deemed to have been repealed on the date aforesaid: Provided that the repeal shall not affect-

(a) the previous operation of any law so repealed or anything duly done or suffered there under., or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under any law so repealed, or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against any law so repealed, or

(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid, and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed, as if this Act had not come into force in the Part B State concerned : Provided further that, subject to the preceding proviso, anything done or any action taken, including any patent, permit or licence granted or registration effected under any such corresponding law shall be deemed to have been done or taken under the corresponding provision of this Act as now extended to that State and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.

(2) Nothing contained in section 6 of the Part B States (Laws) Act, 1951 (3 of 1951 )-, or section 5 of the Jammu and Kashmir (Extension of Laws) Act, 1956(62 of 1956), shall have effect in relation to this Act.

SECTION 81: SUBSTITUTION OF PATENTS FOR RIGHT UNDER REPEALED ACT.

[Repealed by the Repealing, and Amending Act, 1920]

DESIGNS RULES, 1933

2nd February, 1933

In exercise of the powers conferred by sub-section (1) of Sec. 57 and sub-section (1) of

Sec. 77of the Indian Designs Act, 1911 (2 of 1911), the Governor General in Council is pleased to make the following rules, the same having been previously published as required by sub-section (2) of the last named section, namely,-

RULE 01: SHORT TITLE, EXTENT AND COMMENCEMENT

(1) These rules may be called the1[* * *] Designs Rules, 1933.

(2) They extend to the whole of India.

(3) They shall come into force on the 1st April. 1933.

RULE 02: DEFINITIONS

-In these rules, unless there is anything repugnant In the subject or context-

(a) "Act" means the1[* * *] Designs Act, 1911:

2[(b) "British Application" means an application by any person for the protection, in any part of Her Majesty's Dominions of a design, for the protection of which in India the provisions of Sec. 78-A of the Act are for the time being applicable;]

3[(c) "Controller" means the Controller General of Patents, Designs and Trade Marks, appointed under sub-section (1) of Sec. 4 of the Trade and Merchandise Marks Act. 1958 (43 of 1958)-];

3[(d) "Office" means the Patent Office referred to in Sec. 74 of the Patents Act. 1970 (39 of 1970);]

(e) "Reciprocity Application" means an application in India under Sec. 78-A of the Act.

(f) "Set" means a number of articles of the same general character ordinarily on sale together, or intended to be used together, all bearing the same design, with or without modification not sufficient to alter the character or substantially to affect the identity thereof.

RULE 03: LEAVING AND SERVING DOCUMENTS

(1) Any application, notice or other document authorised or required to be left, made or given at the Office, or to the Controller or to any other person under the Act or these rules, may be sent by hand, or by a prepaid letter through the post, and. if sent by a prepaid letter, shall be deemed to have been left, made or given at the time when the letter containing the same would be delivered in the ordinary course of post. In proving such sending, it shall be sufficient to prove that the letter was properly addressed and put into the post.

2[(2) Any written communication addressed to a registered proprietor of a design at his address as it appears on the register of designs, or at his address for service, or to any applicant or opponent in any proceedings under the Act or these rules, at the address appearing on the application, or notice of opposition or given for service, as hereinafter provided, shall be deemed to be properly addressed.]

RULE 04: ADDRESS FOR SERVICE

-Every applicant or opponent in any proceeding under the Act or these rules, and every person who shall hereafter become a registered proprietor of a design, shall give an address for service in India and such address may be treated, for all purposes connected with the design as the actual address of such applicant, opponent or registered proprietor. Unless such an address is given, the Controller shall be under no obligation either to proceed with the application or the opposition, or to send any notice that may be required by the Act or these rules.]

RULE 05: FEES

(1) The fees to be paid in respect of the registration of designs, and application therefor, and in respect of other matters, with relation .to designs under the Act, shall be those specified in the First Schedule to these rules hereinafter referred to as the prescribed fees.

(2) (a) Fees may be paid in cash at the office, or may be sent by money order or postal order or cheque on a scheduled bank as defined in the Reserve Bank of India Act 1934 (11 of 1934), payable to the Controller at Calcutta and if sent through the post shall be deemed to have been paid at the time when the money order, or the properly addressed and prepaid letter containing the cheque or the postal order, would be delivered in the

ordinary course of post.

(b) Cheques not carrying the correct addition for commission, and other cheques on which the full value cannot be collected In cash within the time allowed for payment of the fee, shall be accepted only at the discretion of the Controller.

(c) Stamps shall not be received in payment of fees.]5[* * *]

RULE 06: FORMS

-The forms set forth in the Second Schedule, with such variations, as the circumstances of each case require, shall be used for the respective purposes therein mentioned, and if used, shall be sufficient.⁵[* * *]

RULE 07: SIZE, ETC., OF DOCUMENTS

(1) All documents and copies of documents, except drawings, sent to or left at the Office or otherwise furnished to the Controller shall be written, typewritten, lithographed, or printed in the English language (unless otherwise directed), in large and legible characters with deep permanent ink upon one side only of strong white paper of a size of approximately 13 inches by 8 inches or 33.00 centimetres by 20.50 centimetres with a margin of at least one inch and a half or four centimetres on the left-hand part thereof. Signatures thereto shall be written in a large and legible hand, and any signature which is not legible or which is written in a script other than English shall be accompanied by a transcription of the name in English block letters.

(2) Duplicate documents shall be filed at the Office, if at any time required by the Controller.

(3) Names and addresses of applicants and other persons shall be given in full together with their nationality and such other particulars, if any, of caste or calling as are necessary for identification.

RULE 08:

* * *]

RULE 09: AGENCY

-For all matters falling under the provisions of Sec.76 of the Act, any person may, unless otherwise directed by the Controller, authorise, under his personal signature, any. other person to act as his agent and to receive all notices, requisitions and communications. The authority may be given on Form 31.

RULE 10: 10-33

* * *]

RULE 34: CLASSIFICATION OF GOODS

(1) For the-purposes of the registration of designs and of these rules, goods shall be classified in the manner specified in the Fourth Schedule hereto.

(2) If any doubt arises as to the class to which any particular description of goods belongs, it shall be determined by the Controller.

RULE 35: APPLICATION FOR REGISTRATION

Application.-

(1) An application under Sec. 43 of the Act for the registration of a design shall be accompanied by four copies of the design and the application and each of the copies of the design shall be dated and signed by the applicant or his agent,

(2) The application shall state the class in which the design is to be registered, and the article or articles to which the design is to be applied.

(3) If it is desired to register the same design in more than one class a separate application shall be made in each class, and the application shall contain the number or numbers of the registration or registrations already effected.

(4) If so required by the Controller, the applicant shall state the purpose for which the article is used and the material or predominating material of which the article is made.

RULE 36: STATEMENT OF NOVELTY

-The applicant may, and' shall, if required by the Controller in any case so to do, endorse on the application and each of the representations a brief statement of the novelty he claims for his design.

RULE 37: ADDITIONAL COPIES OF REPRESENTATIONS OR SPECIMENS

-If the Controller in any case so requires, he shall be supplied with one or more representations or specimens of the design in addition to those supplied with the application.

RULE 38: REPRESENTATION

(1) The four copies of the design required byrule 35-shall be exactly similar drawings photographs, tracings, or other representations of the design or shall be specimens of the design.

(2) When a design is to be applied to a set, each of the representations accompanying the application shall show all the various arrangements in which It is proposed to apply the design to the articles included In the set.

(3) Each representation of the design whether to be applied to a single article or to a set. shall be on paper of a size 13 by 8 inches or 33.00 centimetres by 20.50 centimetres (and not on cardboard) and shall appear on one side only of the paper. The figure or figures shall be placed in an upright position on the sheet. When more figures than one are shown, these shall, where possible, be on one and the same sheet, and each shall be designated (e.g. perspective view, front view. side view).

(4) When a design is to be applied to a set any doubt whether the given articles do or do not constitute a set shall be determined by the Controller.

(5) If the specimens are not, in the opinion of the Controller, suitable for record in the Office they shall be replaced by representations.

(6) Where words, letters or numerals are not of the essence of the design, they shall be removed from the representations or specimens; where they are of the essence of the design, the Controller may require the insertion of a disclaimer of any right to their exclusive use.

(7) Each representation of a design which consists of a repeating. surface pattern shall show the complete pattern and a sufficient portion of the repeat in length and width, and shall not be of size less than 5 by 4 inches or 13.00 centimetres by 10.00 centimetres.

(8) If the names or representations of living persons appear on a design the Controller shall, if he so requires, be furnished with consents from such persons before proceeding to register the design. In the case of persons recently dead, the Controller may call for consents from their legal representative before proceeding with registration of a design on which their names or representations appear.

RULE 38:A RECIPROCITY APPLICATION FOR THE REGISTRATION OF A DESIGN

(1)Every reciprocity application for the registration of a design shall contain a declaration that a British application has been made for the protection of the design to which such reciprocity application relates and shall specify- every part of His Majesty's dominions in which any such British application has been made and the official date or dates thereof respectively. The application shall be made within six months from the date of the first British application by the person by whom such first British application was made, or by legal representative or assignee either alone or jointly with any other person.

(2) In addition to the four copies of the design left with every reciprocity application for the registration of a design, a copy of the design filed or deposited by the applicant or his predecessor in title, as the case may be, in respect of the first British application, duly certified by the Official Chief or Head of the Patent Office in which it was filed, or deposited or otherwise verified to the satisfaction of the Controller, shall be left at the Office at the same time as the reciprocity applications are within such further time not exceeding three months as the Controller may allow.

(3) Save as aforesaid and as provided byrule 52-all proceedings in connection with a reciprocity application shall be taken within the time and In the manner required by the Act or prescribed by these rules for ordinary application.

RULE 39: ACCEPTANCE

Upon receipt of an application for registration, the Controller shall consider it and may accept it If he considers that there is no objection to the design being registered.

RULE 40: OBJECTIONS

-If on consideration of the application any objections appear to the Controller, a statement of these objections shall be sent to the applicant or his agent in writing, and unless within one month the applicant or his agent removes the objection or applies for a hearing, the applicant shall be deemed to have withdrawn his application.

RULE 41: DECISION OF CONTROLLER

-The decision of the Controller at such hearing as aforesaid shall be communicated in writing to the applicant or his agent who may within one month apply to the Controller requiring him to state in writing the grounds of his decision and the materials used by him in arriving at the same.

RULE 42: DATE FOR APPEAL

-Upon receipt of such application, the Controller shall send to the applicant or his agent such statement, as aforesaid in writing and the date when such statement is sent shall be deemed to be the date of the Controller's decision for the purpose of appeal.

RULE 43: NON-COMPLETION WITHIN SIX MONTHS

-An application which owing to any neglect or default of an applicant, has not been completed so as to enable registration to be effected within six months of the date of application, shall be deemed to be abandoned.

RULE 44: OMITTED

RULE 45: MARKETING OF ARTICLES BEFORE DELIVERY ON SALE

-Before delivery on sale of any articles to which a registered design has been applied, the proprietor of such design shall cause each such article to be marked with the word REGISTERED, or with the abbreviation REGD., or with abbreviation RD, as he may choose, and also (except in the case of articles to which have been applied designs registered in classes 9,13 or 14) with the number appearing on the certificate of registration: Provided that the requirements of this rule and Cl. (b) of sub-section (1) of Sec. 48 of the Act shall be dispensed with as regards-

(i) textile goods in which the design is printed or woven, other than handkerchiefs, and

(ii) articles made of charcoal dust, which are brittle and which are not sold in single pieces.

RULE 46: INSPECTION OF DESIGNS

-Registered designs shall not except as provided in Sec. 50 of the Act, be open to inspection until two years after the date of application for registration.

RULE 47: SEARCH ANDER SEC. 51

(1) If any person desires to obtain the information which he is entitled to obtain under Sec. 51 of the Act. and can furnish the registration number of the design, he shall lodge with the Controller in Form 20 and the Controller shall thereupon furnish him with the information aforesaid.

(2) If the applicant is unable to furnish the registration number of the design, he shall lodge with the Controller in Form 21 together with such information as is in his posession, and the Controller shall thereupon cause such search to be made in the class indicated as may be possible on the information supplied, and shall furnish such information as may be obtainable. Where Form 21 is accompanied by a representation or specimen of the design, such representation or specimen shall be furnished in duplicate.

RULE 48: CANCELLATION OF REGISTRATION OF DESIGNS UNDER SEC. 51-A

(1) An application to the Controller for the cancellation of the registration of the design shall be made in duplicate, and shall be accompanied by a statement in duplicate setting out the nature of the applicant's interest and the facts upon which he bases his application.

(2) If the application for the cancellation of the registration of a design is made by a person who is not the registered proprietor, a copy of the application along with the statement shall be transmitted by the Controller to the registered proprietor.

(3) If the registered proprietor intends to oppose the application he shall within the time to be specified by the Controller, leave at the Office a counter-statement setting out the grounds on  which he intends to oppose the application and shall, within the same time, deliver to the applicant a copy of the counter-statement.

7[1(4) The applicant may, after delivery to him of the copy of the registered proprietor's counterstatement, leave at the office, evidence by way of affidavits in support of his case and shall also deliver to the registered proprietor acopy thereof.

(5) The registered proprietor may, after delivery to him of the applicant's evidence, leave at the office evidence by way of affidavits in support of his case and shall also deliver to the applicant a copy thereof.

(6) The applicant may, after delivery to him of a copy of the registered proprietor's evidence, leave at the office evidence in reply by way of affidavits and shall also deliver to the registered proprietor a copy of such evidence.

(7) No further statement or evidence shall be left by either party except by leave of or on

requisition by the Controller.

(8) Where a document in a language other than English is referred to in any statement or affidavit filed in connection with an application under Sec. 51-A or opposition thereto, an attested translation of that document shall be furnished in duplicate.

(9) The time allowed for filing the counter-statement or for leaving evidence by way of affidavits shall ordinarily be one month which may be extended only by a special order of the Controller given on a petition made by the party seeking extension of time: Provided that the extension so granted shall in no case exceed three months in the aggregate.

(10) On completion of the filing of the statement and the evidence referred to in sub-rules (3) to (8) or at such other time as he may decide, the Controller shall appoint a time for the hearing of the application and shall give the parties not less than ten days' notice of such hearing.

(11) If either party desires to be heard, he shall give to the Controller a notice in Form 7 of his intention to attend the hearing,

(12) If, at the hearing, either party intends to refer to any publication, he shall give to the Controller and to the other party not less than five days' notice of such intention, together with the details of the publication to which he intends to refer.

(13) After hearing the party or parties desirous of being heard or without a hearing, if neither party desires to be heard or attends the hearing, the Controller shall decide on the application and the opposition, If any, and notify his decision to the parties.]

RULE 49:

RULE 50:

RULE 51:

RULE 52: REGISTERING DESIGNS

(1) When a design is accepted there shall be entered in the Register of Designs, in addition to the particulars required by the Act, the number of the design, the class in which it is registered, the date of filing the application for registration in this country, the reciprocity date, if any, claimed for the registration, and such other matters as would affect the validity or proprietorship of the design.

(2) Where the accepted design is one in respect of which a reciprocity date has been allowed, the registration, the extension or the expiration of the copyright in the said design shall be reckoned from such reciprocity date.

RULE 53: ALTERATION OF ADDRESS

-If a proprietor of a registered design sends to the Controller notice in respect of an alteration in his name, or address or addresses for service, the Controller shall cause the register to be altered accordingly.]

RULE 54: APPLICATIONS FOR ENTRY OF SUBSEQUENT PROPRIETORSHIP

-Where a person becomes entitled, by assignment, transmission or other operation of law to a copyright in a registered design, or to any interest therein, as mortgagee or licensee, application shall be made to theController for the entry in the register, of his name as proprietor or part proprietor of the design, or of a notice of such interest.]

RULE 55: PARTICULARS IN APPLICATIONS

-An application underrule 54-shall contain the name, address and nationality of the person claiming to be entitled, together with full particulars of the instrument, if any under which he claims.

RULE 56: PRODUCTION OF DOCUMENTS OF TITLE AND OTHER PROOF

-Every assignment, and every other document containing, giving effect to or being evidence of the transmission of copyright in a registered design or affecting the proprietorship thereof as claimed by such application, shall unless the Controller otherwise directs, be presented to him together with the application, and he may call for such other proof of title or written consent as he may require for his satisfaction: Provided that in the case of a document which is a public document, an official or certified copy thereof may be presented.]

RULE 57: FORM OF ENTRY

-The entry to be made in the register on request underrule 54-shall be in the following form:- "In pursuance of an application received on the.............................. ...........................registered as Proprietors/licensees/mortgagees etc. by virtue of assignment/licence/mortgage deed etc. dated ............... and made between..............................of the one part and........................... of the other part."

RULE 58: ENTRY OF NOTIFICATION OF DOCUMENTS

-An application for entry in the¹¹[register of designs] of notification of any document (not already provided for), purporting to affect the proprietorship of a¹²[registered design] shall be accompanied by an attested copy of the document, the accuracy of such copy being certified as the Controller may direct, and the original document shall at the same time be produced and left at the office if required for further verification.,

RULE 59: HOURS OF INSPECTION OF REGISTERS

-The¹¹[Register of Designs] shall be open to the inspection of the public at all times on which the office is open to the public, except at times when they are required for actual official use.

RULE 60: RECTIFICATION OF REGISTER

-If an application is made for the rectification of the¹²[Register of Designs] under Sec. 64 of the Act, the Controller shall notify all persons whose names, at the time of the application are entered on the register as claiming an interest in the design, and shall advertise the application in the Official Gazette.

RULE 61: OPPOSITION TO RECTIFICATION

13[(1)] Notice of opposition to any rectification of the Register of Designs may be given within six months of the advertisement of the application for rectification.

14[(2) The opponent shall, within fourteen days of giving notice of opposition, leave at the office his written statement in duplicate settingout the nature of his interest, the facts upon which he bases his- opposition and the relief which he seeks.

(3) The Controller shall furnish the applicant with a copy each of the notice of opposition and the written statement.

(4) The procedure specified in sub-rules (4) to (13) ofrule 48-relating to leaving evidence and hearing shall, so far as may be, apply to the hearing of the application under Sec. 64 as they apply to the hearing of an application under Sec. 51-A.]

RULE 62: APPEALS TO THE CENTRAL GOVERNMENT

(1) An appeal to the Central Government under any provision of the Act from a decision of the Controller shall be lodged with the Controller in duplicate and shall state fully the reasons for appealing.

(2) The Controller shall forward one copy of the appeal to the Central Government who shall notify- the appellant of its receipt.

(3) 15[(a) The appellant, shall, on lodging the appeal in the manner set forth in sub -rule (1), send a copy of the appeal to the respondent (or to each of the respondents where there are two. or more respondents appearing separately), and shall also intimate to the Controller the date of sending of the copy.)

(b) Each of the respondents shall acknowledge in writing the receipt of the copy of the appeal. Any respondent may, within one month from the date on which the copy of the appeal is sent to him by the appellant, or within such further time as may be allowed by the Central Government leave at the office a memorandum of objection and on so leaving send a copy thereof to the appellant.

(c) The memorandum of objection shall be strictly confined to matters raised in the appeal memorandum, and shall not deal with any cross-objection attacking any portion of the Controller's decisions passed against the respondent, such as could have been taken by filing a separate appeal by the respondent.

(d) The memorandum of objection shall be filed in duplicate and the Controller shall forward one copy to the Central Government who shall notify the respondent of its receipt.

(4) On completion of these proceedings, if any, or at such other time as the Central Government may see fit. it shall consider the appeal together with the memorandum of objection, if any, and pass an order determining the case finally or remanding it for further inquiry and reconsideration by the Controller, or allowing the appeal in part, as it may deem fit. The decision of the Central Government shall be communicated to the Controller and to the parties.

(5) Nothing in these rules shall be deemed to affect the discretionary powers of the Central Government to call for explanatory orsupplementary statements From the appellant or the respondent, if at any time the Central Government is of opinion that such statements are necessary for a fair consideration of the case.

RULE 63: CERTIFIED COPIES OF DOCUMENTS

-Certified copies of any entry in the¹⁶[register of designs] or certified copies of, or extracts from disclaimers, affidavits, declarations and other public documents in the office, or of or from registers and other books kept there, shall be furnished by the Controller on payment of the prescribed fee.

RULE 63A:

RULE 63B: FORM ETC. OF AFFIDAVITS

(1) The affidavit required by the Act and these Rules, or used in any proceedings thereunder, shall be headed in the matter or matters to which they relate, shall be drawn up in the first person, and shall be divided into paragraphs consecutively numbered: and such paragraph shall, as far as possible, be confined to one subject. Every affidavit shall state the description and true place of abode of the person making the same, shall bear the name and address of the person leaving it and shall state on whose behalf it is left.

(2) Affidavits shall be confined to such facts as the deponent is able to prove of his own

knowledge, except on interlocutory applications, on which statements of his belief may be admitted, provided that the grounds thereof are stated.

(3) The affidavits referred to in sub-rule (1) shall be made and subscribed as follows:

(a) In India, before any Courier person having by law authority to receive evidence, or before any officer empowered by such Court or person as aforesaid to administer oaths, or before the commanding officer of any military, naval or air force station or ship occupied by troops;

(b) in any other part of His Majesty's dominions, before any Court, judge. Justice of the Peace or any officer authorised by law to administer an oath therefor the purpose of a legal proceeding; and

(c) if made out of His Majesty's dominions, before a British Minister or person exercising the functions of a British Minister, or a Consul, Vice-Consul, or other person exercising the functions of a British Consul, or before a notary public, or before ajudge or magistrate.

RULE 63C: SCALE OF COSTS

-In all proceedings before the Controller, the Controller may, save as otherwise expressly provided by the Act or theserules, award such costs as he considers reasonable, having regard to all circumstances of the case provided that the amount of costs awarded in respect of any matters set forth in the Fifth Schedule to these rules shall not exceed the amount therein specified.

RULE 63D:

RULE 64: EXERCISE OF DISCRETIONARY POWER OF CONTROLLER

-The time within which a person entitled under Sec. 67 of the Act, to an opportunity of being heard shall exercise his option of requiring to be heard shall be one month from the date of a notice which the Controller shall give to such person or his agent before determining the matter with reference to which such person is entitled to be heard. If within that month such person or his agent requires to be heard, the Controller shall appoint a date for the hearing and shall give ten days' notice thereof: Provided that If the giving of ten days' notice would cause an application for the registration of design to be deemed to have been abandoned before the hearing, the Controller may curtail the period of notice.]

RULE 65: CONTROLLER MAY REQUIRE STATEMENT

-Whether an applicant or agent desires to be heard or not, the Controller may at any time require him to submit a statement in writing within a time to be notified by the Controller, or to attend before him and make explanations with respect to such matters as the Controller may require.

RULE 66: GENERAL POWERS OF AMENDMENT

-Any document for the amending of which no special provision is made by the Act may be obviated without detriment to the interest of any person, may be corrected if the Controller thinks fit. and upon such terms as he may direct.

RULE 67: GENERAL POWER TO ENLARGE TIME

-The time prescribed by these rules for doing any act or taking any proceeding thereunder may be enlarged by the Controller, if he thinks fit, and upon such terms as he may direct.

RULE 67A:

RULE 68: REPEAL

(1) The Indian Patents and Designs Rules, 1912, are hereby superseded provided that any

application or other matter pending under those rules on the date of the coming into force of these rules shall be disposed of under those rules.

(2) The notifications of the Government of India in the Department of Industries and labour, No. A197, dated the 17th July, 1930, and the 4th November, 1932 are hereby superseded.

SCHEDULE 01: FIRST SCHEDULE

(vide Sec. 57) FEES_________________________________________________________________________________________________ No. of On what payable No. of Proper fee entry Form Rs. P. ___________________________________________________________________________________________________ 1 2 3 4 1. On notice of Intended exhibition or publication of an unregistered design under Sec. 52. On request to register design under Sec.43 or 78-A. 15.16 30.00 3. On request to register design under Sec. 43 to be applied to a set in a Class. On request for written decision underrule 41-. 18 25.00 5 On request to extend copyright under Sec. 47. 19 50.00- Second period of 5 years 75.00- Third period of 5 years. NOTE-This fee may be paid in advance. For designs already registered the fee for extension of copyright shall be for second period of 5 years for third period of 5 years. On request to inspect under Sec. 50. On request for information under Sec. 51 when registration number is supplied. On request for information under Sec. 51 when registration number is not supplied. On request for inspection of the register under Sec. 59. On request for certificate under Sec. 59. An additional fee of 2 5 p. for every 100 words or part thereof will be charged for preparing copies. Copies of representation will be charged according to the nature of the copies (Xerox or photocopy). For supply of photocopies of documents. For direct negative Rs.4/- per page of full size 13" X 8" or 33.0 cm X 20.3 cm. - 4.00 For positive copy Rs.7/- per page of full size 13" X 8" or 33.0 cm X 20.3 cm. - 7.00 12 For supply of Xerox copies of documents per page - 1.00 13. For certifying office copies, MSS or printed each - 5.00 14. On request to correct under Sec.62. On application to the Controller for cancellation of registration of design under Sec. 51-A. 22 50.00 16. On notice of intention to attend hearing underrule 48-. On application under Sec. 63 for entry of name of subsequent proprietor in the Register of Designs, if made within six months from date of acquisition of proprietorship- 25 in respect of one design. 25.00 for each additional design. On application under Sec. 63 for entry of name of subsequent proprietor in the Register of Designs if made after expiration of six months from the date of acquisition of proprietorship- 25 in respect of one design; 50.00 for each additional design. On application under Sec. 63 for entry of notice of mortgage or licence in the Register of Designs, if made within six months from the date of acquisition of interest- 26 in respect of one design. 25.00 for each additional design. On application under Sec. 63 for entry of notice of a mortgage or licence in the Register of Designs, if made after expiration of six months from date of acquisition of interest- 26 in respect of one design. 25.00 for each additional design. On application under Sec. 63 tor entry of notification of a document in the Register of Designs, if made within six months from date of document the registration of the design- 27 in respect of one design. 25.00 for each additional design. On application winder Sec. 63 for entry of notification of a document in the Register of Designs. if made after expiration of six months from date of document the registration of the design- 27 in respect of one design. 50.00 for each additional design. On recuest to alter name, address or address lor service in Register underrule 53-. For entry of two addresses for service in Register under Sec.46. On application for rectification of Register under Sec. 64. On notice of opposition to the rectification of the Register underrule 61-. On notice of intention to attend hearing underrule 61-. by applicant and opponent respectively. On a petition (not otherwise charged) for review of Controller's order or for obtaining Controller's orders on -an interlocutory matter in a contested proceeding, - 25.00 29. On appeal from the Controller to the Central Government under Sec. 43 or 69. 5 50.00

SCHEDULE 02: SECOND SCHEDULE FORMS

[List of Forms_____________________________________________________________________________________________________ Form Section of the Title No. Act or Rule ______________________________________________________________________________________________________ 4.Rule 38-A5. 43,69 Appeal. 6.Rule 61-Notice of opposition. 7.Rule 48-or61-Notice of intention to attend hearing. 14. 40,52 Notice of Intended exhibition or publication of an unregistered design. 15. 43 Application for registration of design. 16. 78-A Application for registration of design under reciprocal arrangements. 17. 43 Application for registration of design applicable to a set. 18.Rule 41-Request for grounds of decision. 19. 47 Application for extension of copyright. 20. 51 Request for information when registration number is furnished. 21. 51 Request for information when registration number is not furnished. 22. 51-A Application to the Controller to cancel registration of design. 23.Rule 53-Request to alter name or address or address for service in Register. 24. 20, 46 Request for entry of two addresses in Register. 25. 63 Application for entry in Register. 26. 63 Application for entry in Register. 27.Rule 53-Application for entry of notification of documents in Register. 28. 62 Request for correction. 29. 59 (Rule 63-) Request for certificate, 30. 64 Application for rectification of Register. 31. 76 Power of authority to agent.].[* * *]

SCHEDULE 04: FOURTH SCHEDULE

CLASSIFICATION OF GOODS Class 1. - Article composed wholly of metal or in which metal predominates, and Jewellery. Class 2. - Books and bookbinding of all materials. Class 3. - Articles composed wholly of Indian-rubber, wood, bone, Ivory, papier mache, celluloid, bakelite, or like substances, or materials in which such substances predominate (except articles included in Class 10). Class 4. - Articles composed wholly of glass, earthenware, or procelain, clay (burnt or baked) or cement or in which such materials predominate, Class 5. - Articles composed wholly of paper, card-board, mill-board or straw-board (except articles included in Class 2, and paper hangings), or in which such materials predominate. Class 6. - Articles composed wholly of leather or in which leather predominates not included in other classes. Class 7. - Paper hangings. Class 8. - Carpets, rugs and floor coverings in all materials. Class 9. - Lace. Class 10. - Boots, shoes and the like foot-wear. Class 11. - Millinery and wearing apparel (except articles Included in Class 10). Class 12. - Goods not included in other classes. Class 13. - Printed or woven designs on textile goods other than checks or stripes. Class 14. - Printed or woven designs on textile goods being checks or stripes,

SCHEDULE 05: FIFTH SCHEDULE

SCALE OF COSTS ALLOWABLE IN PROCEEDING BEFORE THE CONTROLLER (rule 63-C-) Entry Matters in respect of which cost Amount No. is to be awarded Rs. P. 1. For Notice of Opposition underrules 48-and 61 50.00 2. For application for cancellation of the registration of design under Sec. 51-A 50.00 3. For Notice of intention to attend Hearing 50.00 4 Stamps for Power of Attorney, where a professional agent has been appointed The amount actually5. Stamp fee in respect of relevant Affidavit the amount Actually paid 6. For full statement underrule 48 (1)-50.00 7. For Reply Statement underrule 48 (3)-50.00 8. For each Affidavit, if relevant 25.00 9. For each Citation, if relevant 25.00 10. For each unnecessary or irrelevant Affidavit or Citation 25.00 11 . For every day or part of a day of Hearing before the Controller 50.00] ___________________________________________________________________________________

SCHEDULE 06: SIXTH SCHEDULE

GOVERNMENT OF INDIA THE PATENT OFFICE (DESIGNS BRANCH) Certificate of Registration of Design DESIGN NO. DATE Certified that the design, of which a copy is annexed hereto, has been registered as of the number and date given above in class ........................... in respect of the application of such design to ................................................ in the name of .......................................... in pursuance of and subject to the provisions of the Designs Act, 1911 and the Designs Rules, 1933, Date of issue of Controller of Patents & Designs. Certificate.

Footnotes:

1. The words "Indian Patents and" omitted by the Patents Rules. 1972, rule 126 and the Fifth Schedule.

2. As corrected by The words "Indian Patents and" omitted by the Patents Rules. 1972, rule 126 and the Fifth Schedule.

3. Subs. by The words "Indian Patents and" omitted by the Patents Rules. 1972, rule 126 and the Fifth Schedule.

5. Proviso omitted by the Patents Rules. 1972... rule 126. the Fifth Schedule.

7. Subs. by Patents Rules, 1972, rule 126, the Fifth Schedule.

8. Omitted by Patents Rules, 1972, rule 126, item 10 the Fifth Schedule.

11. Subs. by .the Patents Rules, 1972, rule 126 and the fifth Schedule

12. Subs. by the Patents Rules, 1972, rule 126 and the fifth Schedule for "registers".

13. Ins. by the Patents Rules, 1972, rule 126 and the fifth Schedule

14. Ins. by the Patents Rules, 1972, rule 126 and the fifth Schedule

15. Corrected by the patents Rules, 1972. rule 126, the Fifth Schedule.

16. Subs. by the Patents Rules. 1972, rule 126. item 20 of the Fifth Schedule.

17. Omitted by the Patents Rules. 1972, rule 126. item 20 of the Fifth Schedule.

18. Omitted by the Patents Rules, 1972, rule 126, item 21 of the Fifth Schedule.

20. Omitted by the Patents Rules, 1972, 126, the Fifth Schedule.