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THE DESIGNS ACT, 1911

Title : THE DESIGNS ACT, 1911

Year : 1911



[Rep. by the Patents Act, 1970 (39 of 1970). section 162 and Schedule (w.e.f. 20-4-1972).]



[Rep. by the Patents Act, 1970 (39 of 1970), section 162 and Schedule (w.e.f. 20-4-1972).]



1*[(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.

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1. Substituted by Act 39 of 1970, section 162 and Schedule, for sub-section (1) (w.e.f. 20-4-1972).

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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.



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.

59A - Information relating to patents [Repealed]

[Rep. by the Patents Act. 1970(39 of 1970). section 162 and Schedule (w.e.f. 20-4-1973).]



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



1[***]

(2) 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.

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1. Subs-Section (1) omitted by Act 39 of 1970,section 162 and Schedule (w.e.f. 20-4-1973).

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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.]

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1. Substituted by Act 39 of 1970, Section 162 and Schedule, for sub-section (1) (w.e.f. 20-4-1972).

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1*[(1) Where a person becomes entitled by assignment, transmission or other operation of law 2 [***] 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 2 [***] design, and shall cause an entry to be made in the prescribed manner in the register of the assignment, trans¬mission or other instrument affecting the title.

(2) Where any person becomes entitled as mortgagee, licensee or otherwise to any interest in a 2 [***] 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 of the interest to be entered in the prescribed manner in the register of 3*[designs] with particulars of the instrument, if any, creating such interest.]

(3) The person registered as the proprietor of a 2 [***] 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 2 [***] design and to give effectual receipts for any consideration for any such assignment, licence or dealing :

Provided that any equities in respect of the 2 [***] design may been forced in like manner as in respect of any other movable properly.

4*[(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 sub-sections (1) and (2) shall not be admitted in evidence in any court in proof of the title 2 [***] to copyright in a design or to any interest the rein, unless the court, for reasons to be recorded in writing, otherwise directs.]

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1. Substituted by Act 7 of 1930, section, 26 for Sub., sections (1) and (2).

2. Certain words omitted by Act 39 of 1970, section 162 and Schedule (w.e.f. 20-4-1972).

3. Substituted by Act 39 of 1970, Section 162 and Schedule, for sub-section (1) (w.e.f. 20-4-1972).

4. Inserted by Act 7 of 1930, section 26.

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(1) 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 2 [***] designs of any entry, or by any entry made in 2 [***] such register without sufficient cause, or by any entry wrongly remaining on 2 [***] such register, or by an error or defect in any entry in 2 [***] such register, make such order for making, expunging or varying such entry 1*[as he thinks fit and rectify the register accordingly.]

(2) The 1*[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.

1*[ (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 he served on the Controller in the prescribed manner, who shall upon the receipt of such notice rectify the register accordingly.

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

3 [***]

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

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1. Substituted by Act 7 of 1930, section 27.

2. Certain words omitted by Act, 39 of 1970, section 162 and Schedule (w.e.f. 20-4-1972).

3. Clause (a) omitted by Act 39 of 1970, section 162 and Schedule (w.e.f. 20-4-1972)

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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 purpose of receiving evidence, 1 [***] administering oaths, 1 [***] enforcing the attendance of witnesses, 1 [***] 2 [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].

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1. The word "and" omitted by Act 12 of 1939, section 15.

2. Substituted by Act 12 of 1939, sec, 15.

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[Rep. by the Patents Act, 1970 (39 of 1970). section 162 and Schedule (w.e.f. 20-4-1972).]



Where any discretionary power is by or under this Act given to the Controller, he shall not exercise that power adversely to the applicant1[***] for registration of a design, without (if so required within the prescribed time by the applicant) giving the applicant an opportunity of being heard.

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1. The word "and" omitted by Act 12 of 1939, Section 15.

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The Controller may, in any case of doubt or difficulty arising in the administration of any of the provisions of this Act, apply to the1*[Central Government] for directions in the matter.

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1. Substituted by the A.O. 1937.

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1*[(1) The Controller may refuse 2 [***] to register a design, of which the use would, in his opinion, be contrary to law or morality.

3*[(2) An appeal shall lie to the 4*[Central Government] from an order of the Con-troller under this section.]

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1. The original section. 69 was renumbered as sub-section (1) of that section by Act 7 of 1930, section 28.

2. The word "and" omitted by Act 12 of 1939, Section 15

3. Inserted by Act 7 of 1930, section 28.131613Substituted by the A.O. 1937.

4. Substituted by the A.O. 1937.

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(1) Where an appeal is declared by this Act to lie from the Controller to the1*[Central Government], the appeal shall he made within2*[three] months of the date of the order passed by the Controller, and shall he in writing, and accompanied by the prescribed fee.

(2) In calculating the said period of2*[three] months, the lime (if any) occupied in granting a copy of the order appealed against shall be excluded.

(3) The1*[Central Government] may, if1*[it] thinks fit, obtain the assistance of an expert in deciding such appeals, and the decision of the1*[Central Government] shall be final.


70A -2* 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 case in 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.]

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1. Substituted by the A.O. 1937.

2. Inserted by Act 12 of 1939, section 16

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

71A - 1*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 2 [***] documents in the Patent Office, and of or from registers and other books kept there, shall be admitted in evidence in all Courts in 3* [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.]

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1. Inserted by Act 12 of 1939, section 17.

2. Certain words omitted by Act 39 of 1970, section 162 and Schedule (w.e.f. 20-4-1972).

3. Substituted by Act 32 of 1950, section 2.

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[Rep. by the Patents Act, 1970 (39 of 1970), section 162 and Schedule (w.e.f. 20-4-1972).]



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.



(1) If any person is, by reason of infancy, lunacy or other disability, incapable of making any statement or doing anything required or permitted 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.

74A - Security for costs Repealed

[Rep. by the Patents Act, 1970 (39 of 1970), sec 162 and Schedule (w.e.f. 20-4-1972).]]

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1. Inserted by Act 7 of 1930, sec 30.

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[Rep. by the Patents Act, 1970 (39 of 1970), section 162 and Schedule (w.e.f. 20-4-1972).]



(1) All1[***] 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 2*[India];

(b) Any person not residing in 2*[India] to employ an agent residing in 2*[India];

(c) The personal signature or presence of any applicant1[***] or other person.

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1. Certain words omitted by Act 39 of 1970, section 162 and Schedule (w.e.f. 20-4-1972).

2. Substituted by Act 32 of 1950, section 2.

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Powers, etc., of 1*[Central Government]

(1) The 1*[Central Govern¬ment] may make such rules as 1*[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 2 [***] drawings and other documents;

(d) For securing and regulating the publishing and selling of copies, at such prices and in such manner as the 3*[Central Government] thinks fit, of 4 [***] drawings and other documents;

5*(e) Providing for the inspection of documents in the Patent Office and for the manner in which they may be published;]

5*[(ee) For the manner in which fees leviable under this Act may be paid;

6 [***]

(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 3 [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.

7 [***]

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

8*[(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.]

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1. Substituted by the A.O. 1937.

2. Certain words omitted bt Act 39 of 1970. section 162 and Schedule (w.e.f. 12-4-1972).

3. The word "specification" omitted Act 39 of 1970, section 162 and Schedule (w.e.f. 20-4-1972).

4. Substituted by Act 39 of 1970, section 162 and Schedule for clause (e) (w.e.f. 20-4-1972).

5. Inserted by Act 7 of 190, section 31.

6. Clause (eee) omitted by Act 39 of 1970 section 162 and Schedule (w.e.f. 20-4-1972)

7. Sub-section (2A) Inserted by Act 7 of 1930 Section 31 and omitted by Act 39 of 1970 section 162 and Schedule (w.e.f. 20-4-1992).

8. Inserted by Act 4 of 1986, section 2 and Schedule (w.e.f. 15-5-1986).

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[Rep. by the Patents Act, 1970 (39 of 1970), section 162 and Schedule (w.e.f. 20-4-1972).]

78A to 78E - 1*Reciprocal arrangements with the United Kingdom and other Commonwealth countries

78A -2* 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, he 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 dale 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.]

78B -3* Special provisions relating to applications relevant for defence purposes [Repealed]

[Rep. by the Parents Act, 1970 (39 of 1970), section 162 and Schedule (w.e.f 20-4-l972).] ]

78C -3* Special provisions in respect of applications for patents in the field of food, drug or medicine [Repealed]

[Rep. by the Patents Act. 1970 (39 of 1970). section 162 and-Schedule (w.e.f. 20-4-1972).]]

78D - 3*Consequences of directions under section 78 B or section 78 C [Repealed]

[Rep. by the Patents Act 1970 (39 of 1970). section 162 and Schedule (w.e.f. 20-4-1972).]]


78E - 3*Contravention of directions under section 78 B [Repealed]

[Rep. by the Patents Act. 1970 section (39 of 1970), 162 and Schedule (w.e.f. 20-4-1972).]]

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1. Inserted by Act 29 of 1920, section 2.

2. Section 78A ins by Act 29 of 1920. section 2 and Substituted by Act 39 of 1970. section 162 and Schedule (w.e.f. 20-4-1972).

3. Inserted by Act 44 of 1968, section 2 (w.e.f. 10-7-1968).

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[Rep. by the Adaptation of Laws Order. I960.]



(1) 2*[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 thereunder, 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 repeated, 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 he deemed to have been done or taken under the cor¬responding 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). 3 [or section 5 of the Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956),] shall have effect in relation to this Act.]

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1. Repealed by Act 12 of 1927, section 2 and Schedule and Inserted by Act 3 of 1951, section 3 and Schedule

2. Substituted by Act 62 of 1956, section 2 and Schedule, for certain words.

3. Inserted by Act 62 of 1956, section 2 and Schedule

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[Rep. by the Repealing and Amending Act, 1920 (31 of 1920), section 3 and Schedule II.]

Schedule I

SCHEDULE

[Repealed]

Fees,
[Rep. by the Parents Act, 1970 (39 of 1970), section 162 and Schedule (w.e.f. 20-4-1972).]

Last updated on July, 2016

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