S.1 Short title, extent and commencement

       (1) This Act may be called the Designs Act, 2000.
       (2) It extends to the whole of India.
       (3) It shall come into force on such date1 as the Central Government may, by notification, in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.
        
       —————
        1. 11th May, 2001, vide S.O. 414(E), dated 11th May, 2001, published in the Gazette of India, Extra., Pt. II, Sec. 3(ii) dated 11th May, 2001.

S.2 Definitions

       In this Act, unless there is anything repugnant in the subject or context,—
        (a) “article” means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately;
        (b) “Controller” means the Controller-General of Patents, Designs and Trade Marks referred to in section 3;
        (c) “copyright” means the exclusive right to apply a design to any article in any class in which the design is registered;
        (d) “design” means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industr

S.3 Controller and other officers

       (1) The Controller-General of Patents, Designs and Trade Marks appointed under sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall be the Controller of Designs for the purposes of this Act.
       (2) For the purposes of this Act, the Central Government may appoint as many examiners and other officers with such designations as it thinks fit.
       (3) Subject to the provisions of this Act, the officers appointed under sub-section (2) shall discharge under the superintendence and directions of the Controller such functions of the Controller under this Act as he may, from time to time, by general or special order in writing, authorise them to discharge.
       (4) Without prejudice to the generality of the provisions of sub-section (3), the Controller may, by order in writin

S.4 Prohibition of registration of certain designs

       A design which—
        (a) is not new or original; or
        (b) has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or
        (c) is not significantly distinguishable from known designs or combination of known designs; or
        (d) comprises or contains scandalous or obscene matter,
       shall not be registered.

S.5 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 any country and which is not contrary to public order or morality, register the design under this Act:
       Provided that the Controller shall before such registration refer the application for examination, by an examiner appointed under sub-section (2) of section 3, as to whether such design is capable of being registered under this Act and the rules made thereunder and consider the report of the examiner on such reference.
       (2) Every application under sub-section (1) shall be in the prescribed form and shall be filed in the patent office in the prescribed manner and shall be accompanied by the prescribed fee.
       (3) A design may be registered in not more tha

S.6 Registration to be in respect of particular article

       (1) A design may be registered in respect of any or all of the articles comprised in a prescribed class of articles.
       (2) Any question arising as to the class within which any article falls shall be determined by the Controller whose decision in the matter shall be final.
       (3) Where a design has been registered in respect of any article comprised in a class of article, the application of the proprietor of the design to register it in respect of some one or more other articles comprised in that class of articles shall not be refused, nor shall the registration thereof 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

Legal Commentary on Section 6 of the Designs Act, 2000

Introduction

Section 6 of the Designs Act, 2000 governs the scope and scope of registration of designs with respect to particular articles, emphasizing the importance of registration in respect of specific articles within a prescribed class. It aims to balance the rights of the design owner and the public interest by restricting design registration to particular articles, thus providing clarity and scope for enforcement.

What does Section 6 Say

• Subsection (1): A design can be registered in respect of any or all articles within a prescribed class of articles.
• Subsection (2): Any question regarding the classification of articles falls to the final decision of the Controller of Designs.
• Subsection (3): Registration is specific to the particular article, and subsequent registration in respect of other articles within the same class is permissible.
• Subsection (4): Multiple registrations by the same proprietor for different articles or minor variations are permitted, provided the proprietor is the same.

Essential Ingredients

• Registration must be in respect of specific articles within a class.
• Questions of classification are decided by the Controller.
• Minor variations of the same design by the same proprietor are allowed.
• The design must be capable of being applied to the particular article.
• The design should be new or original for registration; prior publication or use can bar registration.

Scope of Section 6

• It restricts the scope of registration to particular articles, preventing overly broad or vague registrations.
• Allows multiple registrations for different articles or minor variations by the same proprietor.
• Ensures that the design's protection is confined to the specified articles, preventing misuse or overreach.
• Facilitates enforcement and infringement actions specific to the registered articles.
• Clarifies that the registration does not extend to other articles outside the specified class unless registered separately.

Punishment for Infringement

• Infringement of a registered design is punishable under the Designs Act, 2000.
• Penalties include monetary fines, imprisonment, or both, depending on the severity.
• The Act also provides for civil remedies such as injunctions, damages, and accounts of profits.
• Strict enforcement is facilitated by the specific registration of designs for particular articles.

Legal Comments

• Registration Specificity - Section 6 emphasizes that design registration is limited to particular articles, which prevents overbroad rights and promotes clarity in infringement proceedings. [All you need to know about Design Act, 2000]
• Multiple Registrations - The provision allows the same owner to register the same or similar designs for different articles or minor variations, fostering innovation and protecting evolving product lines. [Protection and enforcement of design rights in India]
• Classification Authority - The Controller's decision on article classification is final, ensuring a uniform standard and reducing disputes over classification. [Section 6 - The Designs Act]
• Scope of Registration - The law restricts registration to designs applied to articles, excluding purely functional or mechanical devices unless they appeal to the eye, aligning with the aesthetic focus of design protection. [All you need to know about Design Act, 2000]
• Prevention of Overreach - By limiting registration to specific articles, Section 6 prevents monopolies over entire product categories, balancing rights with public interest. [Critical Analysis of The Designs Act, 2000]
• Minor Variations Allowed - The provision accommodates minor modifications by the same proprietor, encouraging product improvements without requiring new registration. [Section 6 - The Designs Act]
• Infringement Actions - The specificity in registration under Section 6 facilitates targeted infringement actions, making enforcement more straightforward. [Registered Design Infringement in India—Cases & Remedies]
• Designs vs. Patents - The section underscores that design protection is confined to visual features, distinct from patent rights which cover functional aspects, aligning with the legislative intent. [All you need to know about Design Act, 2000]
• Legal Certainty - Clear demarcation of registration scope reduces litigation over broad or vague design rights, promoting legal certainty for owners and competitors. [Protection and enforcement of design rights in India]
• Multiple Articles & Minor Variations - The law recognizes that a proprietor can register multiple versions for different articles, fostering product diversification. [Section 6 - The Designs Act]
• Classification Finality - The Controller's classification decision is conclusive, streamlining the registration process and reducing administrative disputes. [Section 6 - The Designs Act]
• Design Must Be New or Original - Registration under Section 6 is contingent upon the design being new or original for the particular article, preventing registration of obvious or prior art designs. [Section 4 - The Designs Act]
• Scope of Protection - The law confines the scope of protection to the specific articles for which registration is granted, aligning with the principle that design rights are article-specific. [Protection and enforcement of design rights in India]
• Legal Precedent - Judicial decisions emphasize that minor modifications or variants are permissible but must not alter the fundamental visual appeal or originality. [Mohan Lal v. M/s Mourya Industries]
• Avoidance of Overbroad Claims - Section 6 discourages overbroad or vague design claims, thus reducing frivolous or unjustified infringement suits. [Critical Analysis of The Designs Act, 2000]
• Harmonization with International Standards - The provision aligns with international practices where design registration is article-specific, facilitating global enforcement. [All you need to know about Design Act, 2000]
• Promotion of Innovation - By allowing multiple registrations for different articles or minor variations, the law incentivizes incremental innovation within a product line. [Protection and enforcement of design rights in India]
• Legal Clarity in Infringement - Clear registration parameters under Section 6 aid courts in assessing infringement, especially when multiple registrations exist for similar designs. [Registered Design Infringement in India—Cases & Remedies]
• Design Registration as a Quality Indicator - Registration under Section 6 signifies that the design is suitable for particular articles, serving as a quality mark for manufacturers and consumers alike. [All you need to know about Design Act, 2000]

In summary, Section 6 of the Designs Act, 2000 provides a structured, article-specific framework for design registration, balancing the rights of proprietors with public interest, and facilitating effective enforcement against infringement. It encourages innovation through multiple registrations for different articles or minor variations, while maintaining strict criteria for novelty and originality to prevent unjust monopolies.

S.7 Publication of particulars of registered designs

       The Controller shall, as soon as may be after the registration of a design, cause publication of the prescribed particulars of the design to be published in such manner as may be prescribed and thereafter the design shall be open to public inspection.

S.8 Power of Controller to make orders regarding substitution of application, etc.

       (1) If the Controller is satisfied on a claim made in the prescribed manner at any time before a design has been registered that by virtue of any assignment or agreement in writing made by the applicant or one of the applicants for registration of the design or by operation of law, the claimant would, if the design were then registered, be entitled thereto or to the interest of the applicant therein, or to an undivided share of the design or of that interest, the Controller may, subject to the provisions of this section, direct that the application shall proceed in the name of the claimant or in the names of the claimants and the applicant or the other joint applicant or applicants, accordingly, as the case may require.
       (2) No such direction as aforesaid shall be given by virtue of any assignment or agreement made by one of two or more joint applicants for registration of a design

S.9 Certificate of registration

       (1) The Controller shall grant a certificate of 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.

S.10 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 matter as may be prescribed and such register may be maintained wholly or partly on computer floppies or diskettes, subject to such safeguards as may be prescribed.
       (2) Where the register is maintained wholly or partly on computer floppies or diskettes under sub-section (1), any reference in this Act to any entry in the register shall be construed as the reference to the entry so maintained on computer floppies or diskettes.
       (3) 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.
 

S.11 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 ten years from the date of registration.
       (2) If, before the expiration of the said ten 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 ten years.

S.12 Restoration of lapsed designs

       (1) Where a design has ceased to have effect by reason of failure to pay the fee for the extension of copyright under sub-section (2) of section 11, the proprietor of such design or his legal representative and where the design was held by two or more persons jointly, then, with the leave of the Controller one or more of them without joining the others, may, within one year from the date on which the design ceased to have effect, make an application for the restoration of the design in the prescribed manner on payment of such fee as may be prescribed.
       (2) An application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the applicant such further evidence as he may think necessary.

S.13 Procedure for disposal of applications for restoration of lapsed designs

       (1) If, after hearing the applicant in cases where the applicant so desires or the Controller thinks fit, the Controller is satisfied that the failure to pay the fee for extension of the period of copyright was unintentional and that there has been no undue delay in the making of the application, the Controller shall upon payment of any unpaid fee for extension of the period of copyright together with prescribed additional fee restore the registration of design.
       (2) The Controller may, if he thinks fit as a condition of restoring the design, require that any entry shall be made in the register of any document or matter which under the provisions of this Act, has to be entered in the register but which has not been so entered.

S.14 Rights of proprietor of lapsed design which have been restored

       (1) Where the registration of a design is restored, the rights of the registered proprietor shall be subject to such provisions as may be prescribed and to such other provisions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the benefit of applying the design between the date when the registration of the design ceased to have effect and the date of restoration of the registration of the design.
       (2) No suit or other proceeding shall be commenced in respect of piracy of a registered design or infringement of the copyright in such design committed between the date on which the registration of the design ceased to have effect and the date of the restoration of the design.

S.15 Requirements before delivery on sales

       (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 application 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, after giving notice thereof to the proprietor, 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 be entitled to recover any penalty or damages in respect of any infringement of his copyright in the design unless he shows that he t

S.16 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 articles 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.

S.17 Inspection of registered designs

       (1) During the existence of copyright in a design, any person on furnishing such information as may enable the Controller to identify the design and on payment of the prescribed fee may inspect the design in the prescribed manner.
       (2) Any person may, on an application to the Controller and on payment of such fee as may be prescribed, obtain a certified copy of any registered design.

S.18 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 articles, and shall state the date of registration, and the name and address of the registered proprietor.

S.19 Cancellation of registration

       (1) Any person interested may present a petition for the cancellation of the registration of a design at any time after the registration of the design, to the Controller on any of the following grounds, namely:—
        (a) that the design has been previously registered in India; or
        (b) that it has been published in India or in any other country prior to the date of registration; or
        (c) that the design is not a new or original design; or
        (d) that the design is not registerable under this Act; or
        (e) that it is not a design as defined under clause (d) of section 2.
       (2) An appeal shall lie from any order of the Controller unde

S.20 Designs to bind Government

       A registered design shall have to all intents the like effect as against the Government as it has against any person and the provisions of Chapter XVII of the Patents Act, 1970 (39 of 1970), shall apply to registered designs as they apply to patents.

S.21 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 or after 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 prescribe

S.22 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 articles 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
        (b) 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
        (c) knowing that the design or any fraudulent or obvious imitation thereof has been applied to

S.23 Application of certain provisions of the Act as to patents to designs

The provisions of the Patents Act, 1970 (39 of 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 reference to a patent, and of references to the proprietor of a design for references to the patentee, and of references to the design for references to the invention.

S.24 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.
       (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.
       Provisions as to registers and other documents in the patent office.

S.25 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.

S.26 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:
       Provided that where such register is maintained wholly or partly on computer, the inspection of such register under this section shall be made by inspecting the computer print out of the relevant entry in the register so maintained on computer.

Legal Comments

• Section 26 - Interpretation: Design registers and access to records; essential for determining validity and title to registered designs .

• Section 22 - Infringement - Registration safeguard: Suit for infringement may proceed against pirated or deceptively imitated designs; Section 22(3)/(4) allow invalidity defenses or cancellation challenges as a defence in infringement suits [IAG COMPANY LIMITED VS TRIVENI GLASS LIMITED - 2004 0 Supreme(Cal) 93], [01100030339], [Philips Lighting Holding B. V. VS Jai Prakash Agarwal - 2022 0 Supreme(Del) 1951].

• Novelty/originality test - Section 2(g) and 2(d): “New” and “Original” require substantial novelty or new application; look-and-feel assessed “eye appeal” rather than pure functionality; substantial differences matter for infringement outcomes [Metal Impacts Pvt. Ltd. , Represented by its Representative Senior Sales Manager N. Gopalakrishna VS Impact Metals Pvt. Ltd. , Represented by its Managing Director - 2011 0 Supreme(Kar) 717], [ITC Limited VS Controller of Patents and Designs - 2017 0 Supreme(Cal) 119], [A. C. FOOTWEAR CO VS DEIEM (INDIA) PVT. LTD. - 2005 0 Supreme(Del) 916], [01100145372].

• Prior publication - Cancellation grounds: Prior publication in India or abroad can bar registration; cancellation petitions may be filed with Controller; High Courts often defer to Controller for cancellation (Section 19) and transfer on certain grounds [KHADIM SHOE PVT LTD VS BATA INDIA LTD. - 2004 0 Supreme(Cal) 681], [01100030339], [R. Arun VS Integray Health Care Private Limited - 2024 0 Supreme(Mad) 2234].

• Jurisdiction and remedies - Appellate/territorial considerations: In many designs cases, High Court acts as appellate forum for cancellation; Commercial Division handles injunctions; territorial cause of action and jurisdiction depend on where registration/cancellation actions occur and where alleged infringement impacts sale or launch of accused products [Andslite Pvt. Ltd. VS Rupa Sujit Talwar - 2015 0 Supreme(Del) 3322], [Eagle Flask Industries Pvt. Ltd. VS Bon Jour International - 2011 0 Supreme(Mad) 4912].

• Eye-test vs. function - Visual novelty standard: Courts emphasize “look alike” and overall impression over granular similarity; design must appeal to the eye and not be purely functional to qualify for protection; market surveys alone do not defeat novelty but must be weighed with the total design features [Relaxo Footwears Ltd. VS Aqualite India Ltd. - 2022 0 Supreme(Del) 2053], [International Cycle Gears VS Controller of Patents & Designs - 2019 0 Supreme(Cal) 375], [Lucky Exports VS Controller Of Patents & Designs - 2019 0 Supreme(Cal) 374].

• Infringement vs. passing off - Composite remedies: Passing off may be available in some contexts, but where design registration exists, infringement actions concentrate on whether imitator copied essential features; courts discuss whether passing off can accompany design claims or be barred by coherence of statutory rights [Mohan Lal, Proprietor of Mourya Industries VS Sona Paint & Hardwares - 2013 0 Supreme(Del) 563], [Kamdhenu Limited VS Aashiana Rolling Mills Ltd. - 2022 0 Supreme(Del) 1203].

• Interplay with Copyright Act - Designs vs. artistic works: Copyright in designs often ceases when a design is registered; Section 15 of the Copyright Act interacts with Designs Act to avoid overlapping protections; courts emphasize harmonization and the limited duration of design protection [A. Ruthramoorthy vs P. Moorthy - 2025 0 Supreme(Mad) 4647], [RITIKA PRIVATE LIMITED VS BIBA APPARELS PRIVATE LIMITED - 2016 0 Supreme(Del) 1512], [Rajesh Masrani VS Tahiliani Design Pvt. Ltd. - 2008 0 Supreme(Del) 1188].

• Cancellation as defense - Section 22(3) defense: A defendant may raise invalidity of registration under Section 22(3) as a defence in infringement actions; if raised, it can shift the proceedings toward cancellation or transfer to Controller/High Court as applicable [IAG COMPANY LIMITED VS TRIVENI GLASS LIMITED - 2004 0 Supreme(Cal) 93], [Rajesh Masrani VS Tahiliani Design Pvt. Ltd. - 2008 0 Supreme(Del) 1188].

• Technical scope of “design” - Definition confines to eye-appeal features: Designs are restricted to ornamental aspects (shape, pattern, ornament) applied to an article; mere function or mere mechanical devices fall outside protection; the framing of “design” excludes underlying operation or utility concepts [ITC Limited VS Controller of Patents and Designs - 2017 0 Supreme(Cal) 119], [Asian Rubber Industries VS Jasco Rubbers - 2012 0 Supreme(Bom) 503].

• Look-alike standard for infringement - Substantial similarity: Courts assess substantial similarity in broad features (shape, configuration, pattern) rather than exact duplication; even partial similarities may constitute infringement if the overall impression is substantially the same [Rajesh Masrani VS Tahiliani Design Pvt. Ltd. - 2008 0 Supreme(Del) 1188], [Relaxo Footwears Ltd. VS Aqualite India Ltd. - 2022 0 Supreme(Del) 2053].

• Cancellation timelines - Grounds under Section 19: Grounds include prior registration, prior publication, not new/original, not registrable, or not a design as defined; petitions may be filed any time after registration to Controller; High Courts handle appeals from Controller’s orders [R. Arun VS Integray Health Care Private Limited - 2024 0 Supreme(Mad) 2234], [ITC Limited VS Controller of Patents and Designs - 2017 0 Supreme(Cal) 119].

• Market/public domain considerations - Prior art impact: Prior publications, foreign registrations, or public disclosures render registration vulnerable; however, differences in articles and look-and-feel can sustain registrability if novelty is present [ITC Limited VS Controller of Patents and Designs - 2017 0 Supreme(Cal) 119], [Symphony Ltd. VS Life Plus Appliances - 2019 0 Supreme(Del) 1328].

• Interplay with trademarks/passing off - Cross-impact cautions: If a party attempts to anchor a design as a trademark or engage in passing off, courts scrutinize consistency with Designs Act and limit cross-claims that would vitiate the design-register framework [01100035875], [Kamdhenu Limited VS Aashiana Rolling Mills Ltd. - 2022 0 Supreme(Del) 1203].

• Ex parte/injunction rulings - Ex parte vs. final relief: Ex parte injunctions in design disputes require strong prima facie case of novelty/originality; courts may stay or vacate injunction if later findings reveal lack of novelty or prior publication [Rajesh Masrani VS Tahiliani Design Pvt. Ltd. - 2008 0 Supreme(Del) 1188], [Relaxo Footwears Ltd. VS Aqualite India Ltd. - 2022 0 Supreme(Del) 2053].

• Restoration and cancellation orders - Design registrations restored or cancelled: Courts may restore or cancel registrations depending on evidence of novelty, prior publication, or identity with prior art; significant emphasis on the eye-test and evidence of public disclosure [ITC Limited VS Controller of Patents and Designs - 2017 0 Supreme(Cal) 119], [01100030339].

• “Eye to eye” jurisprudence - Functional vs. aesthetic test: Amp v Utilux lineage; where elements are dictated by function, protection is denied; where functional necessity coexists with eye-appeal, protection may be granted under appropriate circumstances [ITC Limited VS Controller of Patents and Designs - 2017 0 Supreme(Cal) 119], [Relaxo Footwears Ltd. VS Aqualite India Ltd. - 2022 0 Supreme(Del) 2053], [International Cycle Gears VS Controller of Patents & Designs - 2019 0 Supreme(Cal) 375].

• Comparative guidance from leading judgments - Precedent anchors: Bharat Glass Tube Ltd., Microfibres, Dabur India, Castrol, and Carlsberg-Bata lines frequently cited; these shape understanding of novelty, imitation, and the limits of design protection in India [ITC Limited VS Controller of Patents and Designs - 2017 0 Supreme(Cal) 119], [RITIKA PRIVATE LIMITED VS BIBA APPARELS PRIVATE LIMITED - 2016 0 Supreme(Del) 1512], [Mohan Lal, Proprietor of Mourya Industries VS Sona Paint & Hardwares - 2013 0 Supreme(Del) 563], [Philips Lighting Holding B. V. VS Jai Prakash Agarwal - 2022 0 Supreme(Del) 1951], [Rajesh Masrani VS Tahiliani Design Pvt. Ltd. - 2008 0 Supreme(Del) 1188].

• Look-alike vs. exact copying - Practical infringement standard: Courts permit substantial similarity tests where exact copying is not necessary; the total impression must be judged; small differences do not automatically defeat infringement claims if the overall look is substantially identical [Relaxo Footwears Ltd. VS Aqualite India Ltd. - 2022 0 Supreme(Del) 2053], [ITC Limited VS Controller of Patents and Designs - 2017 0 Supreme(Cal) 119].

• Public policy and statutory balancing - Legislative intent: The Designs Act aims to incentivize design activity with a limited monopoly (ten years, extendable in some contexts) while avoiding overreach; this policy informs the strictness of novelty and the narrow scope of protection [Micolube India Limited VS Rakesh Kumar Trading As Saurabh Industries - 2013 0 Supreme(Del) 562], [International Cycle Gears VS Controller of Patents & Designs - 2019 0 Supreme(Cal) 375].

• Remedies and relief spectrum - From injunctions to damages: Interim and permanent injunctions, rendition of accounts, and damages are available where infringement is established; where validity is unsettled, courts may tailor relief or require accounting pending resolution [Sabyasachi Calcutta LLP vs Ankit Keyal Proprietor Asiana Couture - Delhi (2022)], [TTK Prestige Ltd. VS Gupta Light House - 2023 0 Supreme(Del) 3054], [E.N. Project and Engineering Industries (P.) Ltd. vs KVT Electrical Project and Engineering - Delhi (2021)].

• Cross-reference to CPC norms - Procedure and venue considerations: CPC-based actions and CPC Rule 4 align with High Court appellate pathways; jurisdictional issues may dictate where infringement or cancellation actions are heard [GM Modular Private Limited vs Syska Led Lights Private Limited - Delhi (2022)], [Wim Plast Ltd. VS Symphony Ltd. - 2016 0 Supreme(Guj) 750].

• Practical safeguards for designers - Marking and marking-related remedies: Registrants may need marking and procedural compliance to enforce penalties and damages; failure to mark can affect enforcement in some contexts .

• Summary takeaway - Section 26 and Section 22 interplay: Section 26 ensures access to registers; Section 22 provides a practical enforcement regime against pirated designs, while concurrent protections under copyright and trademark law require careful navigation to avoid conflicting rights; novelty/originality, eye appeal, and the look-alike standard remain central to outcomes in infringement and cancellation proceedings [Win Plast Ltd. VS Symphony Ltd. - Current Civil Cases (2015)], [Relaxo Footwears Ltd. VS Aqualite India Ltd. - 2022 0 Supreme(Del) 2053].

S.27 Privilege of reports of Controller

       Reports of or to the Controller made under this Act other than the report referred to in section 45 shall not in any case be published or be open to public inspection.

S.28 Prohibition and publication of specification, 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.

S.29 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.

S.30 Entry of assignment and transmissions in registers

       (1) Where a person becomes entitled by assignments, transmission or other operation of law to the copyright in a registered design, he may make an application in the prescribed form 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 an application in the prescribed form 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 i

S.31 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 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 sha

S.32 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 purpose 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.

S.33 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.

S.34 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.

S.35 Refusal to register a design in certain cases

       (1) The Controller may refuse to register a design of which the use would, in his opinion, be contrary to public order or morality.
       (2) An appeal shall lie to the High Court from an order of the Controller under this section.

S.36 Appeals to the High Court

       (1) Where an appeal is declared by this Act to lie from the Controller to the High Court, the appeal shall be made within three months of the date of the order passed by the Controller.
       (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 High Court may, if it thinks fit, obtain the assistance of an expert in deciding such appeals, and the decision of the High Court shall be final.
       (4) The High Court may make rules consistent with this Act as to the conduct and procedure of all proceedings under this Act before it.

S.37 Evidence before the Controller

       Subject to any rules made under section 44, 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.

S.38 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 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.

S.39 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.

S.40 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.

S.41 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 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.

S.42 Avoidance of certain restrictive conditions

       (1) It shall not be lawful to insert—
        (i) in any contract for or in relation to the sale or lease of an article in respect of which a design is registered; or
        (ii) in a licence to manufacture or use an article in respect of which a design is registered; or
        (iii) in a licence to package the article in respect of which a design is registered,
        condition the effect of which may be—
        (a) to require the purchaser, lessee, or licensee to acquire from the vendor, lessor, or licensor or his nominees, or to prohibit him from acquiring or to restrict in any manner or to any extent his right to acquire from any person or to prohibit him from acquiring except from the ven

S.43 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 whose name and address had been entered in the register of patent agents maintained under section 125 of the Patents Act, 1970 (39 of 1970).
       (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.

S.44 Reciprocal arrangement with the United Kingdom and other convention countries or group of countries or inter-governmental organisations

       (1) Any person who has applied for protection for any design in the United Kingdom or any or other convention countries or group of countries or countries which are members of inter-governmental organisations, 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 or any of such other convention countries or group of countries or countries which are members of inter-governmental organisations, as the case may be:
       Provided that—
        (a) the application is made within six months from the application for protection in the United Kingdom or any such other convention countries or group of countries or c

S.45 Report of the Controller to be placed before Parliament

       The Central Government shall cause to be placed before both Houses of Parliament once a year a report respecting the execution of this Act by or under the Controller.

S.46 Protection of security of India

       Notwithstanding anything contained in this Act, the Controller shall—
        (a) not disclose any information relating to the registration of a design or any application relating to the registration of a design under this Act, which he considers prejudicial to the interest of the security of India; and
        (b) take any action regarding the cancellation of registration of such designs registered under this Act which the Central Government may, by notification in the Official Gazette, specify in the interest of the security of India.
       Explanation.—For the purposes of this section, the expression “security of India” means any action necessary for the security of India which relates to the application of any design registered under this Act to any article used for war or applied directly or

S.47 Power of Central Government to make rules

       (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
       (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
        (a) the form of application for registration of design, the manner of filing it at the patent office and the fee which shall accompany it, under sub-section (2) of section 5;
        (b) the time within which the registration is to be effected under sub-section (5) of section 5;
        (c) the classification of articles for registration under sub-section (1) of section 6;
        (d) the particulars of design to

S.48 Repeal and savings

       (1) The Designs Act, 1911 (2 of 1911) is hereby repealed.
       (2) Without prejudice to the provisions contained in the General Clauses Act, 1897 (10 of 1897) with respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decision, determination, direction, approval, authorisation, consent, application, request or thing made, issued, given or done under the Designs Act, 1911 (2 of 1911), shall, in force at the commencement of this Act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this Act.
       (3) The provisions of this Act shall apply to all applications for registration of designs pending at the commencement of this Act and to any proceedings consequent thereon and to any registration granted in pursuance thereof.
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