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The Designs Rules, 2001
Act ID: 2001
The Designs Rules, 2001
"Rules governing the registration of industrial designs."
Table of Contents
48 Sections
Ch. 1
Full Text
S.1
Short title and commencement .-(1) These rules may be called The Designs Rules, 2001
S.2
Definitions .-In these rules, unless there is anything repugnant in the subject or context,
S.3
[ Manner for leaving and serving documents
S.4
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 purpose connected with the design as the actual address of such applicant, opponent, 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 rules framed thereunder:
S.5
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 Act and rules framed thereunder, shall be those as specified in the First Schedule of the rules
S.6
Forms .-(1) The forms set forth in the Second Schedule, with such variations, as the circumstances of each case require, shall be used for the purposes mentioned therein:
S.7
Section 7
S.8
Form of application
S.9
Representation of design
S.10
Classification of goods .-(1) For the purposes of the registration of designs and of these rules, article shall be classified as specified in the Third Schedule hereto
S.11
Application .-(1) An application under section 5 of the Act for the registration of a design shall be accompanied by four copies of the representation of the design and the application and each of copy of the representation of the design shall be dated and signed by the applicant or his agent
S.12
Priority documents
S.13
Examination of application
S.14
Representation .-(1) The four copies of the design required by rule 11 shall be exactly similar drawings, photographs, tracings or other representations [including computer graphics] of the design or shall be specimens of the design
S.15
Reciprocity application for the registration of a design .-(1) Every reciprocity application for the registration of a design shall contain a statement that an application in United Kingdom or convention country or group of countries or inter-governmental organisation has been made for the protection of the design to which such reciprocity application relates and shall specify convention country or group of countries or inter-governmental organisation in which any such 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 application in United Kingdom or convention country or group of countries or inter-governmental organisation by the person by whom such application in United Kingdom or convention country or group of countries or inter-governmental organisation was made, or by the legal representative or assignee of the person either alone or jointly with any other person
S.16
Manner in which a claim under sub-section (1) of section 8 shall be made .-(1) A claim under sub-sections (1) [and (5)] of section 8 shall be made in Form 2
S.17
Certificate of registration
S.18
Objections .-(1) If on consideration of the report of the examiner on the application referred under sub-section (1) of section 5, any objection appear to the Controller is adverse to the applicant or requires any amendment of the application, a statement of such objections shall be sent to the applicant or his agent in writing, and unless within three months from the date of official communication of objection the applicant or his agent removes the objection or applies for hearing, the applicant shall be deemed to have withdrawn his application:
S.19
Restoration of lapsed design
S.20
Transfer of rights
S.21
[ Non-completion within stipulated period
S.22
Cancellation proceedings
S.23
Form of cancellation petition
S.24
Restoration of designs .-(1) An application for the restoration of a design under section 12 shall be made in Form 4
S.25
Payment of unpaid extension fee .-(1) If the Controller decides in favour of the registered proprietor of the design, the proprietor shall pay the unpaid fees for the extension of copyright and additional fee specified in the First Schedule, within a month from the date of the order of the Controller allowing the proprietor for restoration of the design
S.26
Marking of articles before delivery on sale .-Before delivery on sale of any article 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 the abbreviation RD, as he may choose, and also (except in the case of articles made of soft or brittle in nature to which have been applied designs registered in different classes of articles) with the number appearing on the certificate of registration:
S.27
Extension of time
S.28
Search under section 18.-(1) Request for information as specified in section 18 of the Act may be made by any person in Form 6 with the fee as specified in the Schedule of fees and shall contain the registration number of the design for which information is required
S.29
Cancellation of registration of designs under section 19.-(1) A petition to the Controller for the cancellation of the registration of a design shall be made in duplicate in Form 8 and shall be accompanied by a statement [and evidence] in duplicate setting out the nature of the applicant's interest and the facts upon which he bases his application
S.30
Registering designs .-(1) When a design is accepted, there shall be entered in the Register of Design, in addition to the particulars required by the Act, the number of the design, the class in which it is registered, the date of filling the application for registration in this country, the reciprocity date, if any, claim for the registration, and such other matters as would effect the validity or proprietorship of the design
S.31
Inspection of register
S.32
Provision
S.33
Service of documents
S.34
Fees
S.35
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 or creating an interest therein as claimed in application under rule 33 shall unless the Controller otherwise directs, be presented to him either in original, or notarially certified true copy together with the application and he may call for such other proof of title or written consent as he may require for his satisfaction:
S.36
Form of entry .-The entry to be made in the Register on request under rule 34 shall be in the following form:
S.37
Miscellaneous forms
S.38
Power to amend
S.39
Provision
S.40
Opposition to rectification .-(1) Notice of opposition to any rectification of the Register of Design may be given within three months of the advertisement of the application for rectification
S.41
Provision
S.42
Form, etc., of affidavits .-(1) The affidavits 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 each 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
S.43
Scale of costs .-In all proceedings before the Controller, the Controller may, save as otherwise expressly provided by the Act or these rules, 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 Fourth Schedule to these rules shall not exceed the amount therein specified
S.44
Exercise of discretionary power of Controller, miscellaneous power of Controller .-The time within which a person entitled under section 33 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:
S.45
Provision
S.46
Provision
S.47
[ General power to enlarge time
S.48
Repeal .-The Designs Rules, 1933 are hereby repealed: