The Designs Act, 2000 (Act No. 16 of 2000) consolidates and amends the law relating to protection of industrial designs in India. It governs the registration of designs, the copyright conferred on registration, remedies for piracy of registered designs, and the powers of the Controller-General of Patents, Designs and Trade Marks in administering the Act. It repealed and replaced the Designs Act, 1911.
CHAPTER I — PRELIMINARY
CHAPTER II — REGISTRATION OF DESIGNS
- Section 3 — Controller and other officers
- Section 4 — Prohibition of registration of certain designs
- Section 5 — Application for registration of designs
- Section 6 — Registration to be in respect of particular article
- Section 7 — Publication of particulars of registered designs
- Section 8 — Power of Controller to make orders regarding substitution of application, etc.
- Section 9 — Certificate of registration
- Section 10 — Register of designs
CHAPTER III — COPYRIGHT IN REGISTERED DESIGNS
- Section 11 — Copyright on registration
- Section 12 — Restoration of lapsed designs
- Section 13 — Procedure for disposal of applications for restoration of lapsed designs
- Section 14 — Rights of proprietor of lapsed design which have been restored
- Section 15 — Requirements before delivery on sales
- Section 16 — Effect of disclosure on copyright
- Section 17 — Inspection of registered designs
- Section 18 — Information as to existence of copyright
- Section 19 — Cancellation of registration
- Section 20 — Designs to bind Government
CHAPTER IV — INDUSTRIAL AND INTERNATIONAL EXHIBITIONS
CHAPTER V — LEGAL PROCEEDINGS
- Section 22 — Piracy of registered design
- Section 23 — Application of certain provisions of the Act as to patents to designs
CHAPTER VI — GENERAL
- Section 24 — Fees
- Section 25 — Notice of trust not to be entered in registers
- Section 26 — Inspection of and extracts from registers
- Section 27 — Privilege of reports of Controller
- Section 28 — Prohibition and publication of specification, drawings, etc., where application abandoned, etc.
- Section 29 — Power of Controller to correct clerical errors
- Section 30 — Entry of assignment and transmissions in registers
- Section 31 — Rectification of register
CHAPTER VII — POWERS AND DUTIES OF CONTROLLER
- Section 32 — Powers of Controller in proceedings under Act
- Section 33 — Exercise of discretionary power by Controller
- Section 34 — Power of Controller to take directions of the Central Government
- Section 35 — Refusal to register a design in certain cases
- Section 36 — Appeals to the High Court
CHAPTER VIII — EVIDENCE, ETC.
- Section 37 — Evidence before the Controller
- Section 38 — Certificate of Controller to be evidence
- Section 39 — Evidence of documents in patent office
- Section 40 — Applications and notices by post
- Section 41 — Declaration by infant, lunatic, etc.
- Section 42 — Avoidance of certain restrictive conditions
CHAPTER IX — AGENCY
CHAPTER X — POWERS, ETC., OF CENTRAL GOVERNMENT
- Section 44 — Reciprocal arrangement with the United Kingdom and other convention countries or group of countries of inter-governmental organisations
- Section 45 — Report of the Controller to be placed before Parliament
- Section 46 — Protection of security of India
- Section 47 — Power of Central Government to make rules
CHAPTER XI — REPEAL AND SAVING
Note: The Designs Act, 2000 (Act No. 16 of 2000) received the assent of the President on 25th May, 2000, and came into force on 11th May, 2001. It repealed and replaced the Designs Act, 1911, enlarging the definitions of “article” and “design”, introducing provisions for restoration of lapsed designs, extending the initial term of copyright from 5 to 10 years (renewable for a further 5 years), and shifting appeals from the Central Government to the High Court.
