S.1 Short title, extent and commencement

       (1) This Act may he called the1[***] Designs Act, 1911.
       2[(2) Itextends3to the whole of India4[***]].
       (3) It shall come into force on the first day of January, 1912.
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       1. The words "Indian Patents and" omitted by Act 39 of 1970, section 162 and Schedule (w.e.f. 20-4-1972).
       2. Substituted by Act 32 of 1950, section 3 for the former sub-section.
       3. This Act has been extended to-
       Goa, Daman And Diu with modifications by Regulation 12 of 1962, section 3 and Schedule; and brought into force in Dadra and Nagar Haveli by Regulation 6 of 1963, section 2 and Schedule 1, with modification 9w.e.f. 1-7-1965);

S.2 Definitions

       In this Act, unless there is anything repugnant in the subject or context:--
       1[***]
       (2) "article" means2[***] any article of manufacture and any substance, artificial or natural or partly artificial and partly natural;
       3[(3) "Controller" means 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).;]
       (4) "copyright" means the exclusive right to apply a design to any article in any class in which the design is registered ;
       4[(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 chemica

S.2(a) Rule of construction in application of Act to Part B States [Repealed]

       1[2A. Rule of construction in application of Act to Part B States
       [Rep. by the Part B States (Laws) Act. 1951 (3 of 1951). section 3 and Schedule].
       _____________________
       1. Inserted by Act 32 of 1950, section 5.
       
       Part I - PATENTS
       
       [Rep. by the Patents Act, 1970 (39 of 1970) section 162 and Schedule (w.e.f. 20-4-1972)].
       
       Part II - DESIGNS
       
       [Rep. by the Patents Act, 1970 (39 of 1970) section 162 and Schedule (w.e.f. 20-4-1972)].

S.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 in1[India], register the design under this Part.
       (2) The application must he made in the prescribed form and must he 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 douht 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, hut any person aggrieved by any such refusal may appeal to the2[Central Government].
       (5) An application which, ow

S.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 a1[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 in2[India], by reason only that it has been applied to goods of any class in which it was so previously registered :
       3[Provided that such subsequent registration shall not extend the period of copyright in the design beyond that arising from previous registration.]
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S.45 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 the original certificate, or in any other case in which he deems it expedient, furnish oneor more copies of the certificate.

S.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 or 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 facie evidence of any matters by this Act directed or authorized to be entered therein.

S.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) If1[***] 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) If1[***] 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

S.48 Requirements before delivery on sales

       (1) Before delivery on sale of any articles 10 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 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 took all proper steps to ensure the marking of the article, or u

S.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.

S.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 authorized 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 reg

S.51 Information as to existence of copyright

On the request of any person furnishing such information as may enable the Controller to indentify 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.

S.51(a) Cancellation of registration

       1[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 in2[India]; or
       (ii) that it has been published in2[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 dale of the registration, to the Controller on either of the grounds specified in sub-clauses (i) and (ii) of clause (a).
       (2) An appea

S.51(b) Designs to bind Government

       1 [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 (39 of 1970), shall apply to registered designs as they apply to patents.]]
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       1. Substituted by Act 39 of 1970 section 162 and Schedule, for section 51 B (w.e.f. 20-4-1972).

S.52 Provisions as to exhibitions

       Industrial and international Exhibitions
       1[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 privily or consent of the proprietor, shall not prevent the design from being registered or invalidate the registration thereof
       Provided that--
       (a)

S.53 Piracy of registered design

       (1) During the existence of copyright in any design it shall not be lawful for only 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
       1[(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 article1[in any cl

S.54 Application of certain provisions of the act as to patents to designs

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

S.55 Patent office [Repealed]

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

S.56 Officers and clerks [Repealed]

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

S.57 Fees

       Fees
       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).

S.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.

S.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.

S.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.

S.61 Prohibition of publication of specification, drawings, etc., where application abandoned, etc.

       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).

S.62 Power of Controller to correct clerical errors

       1 [62. Power of Controller to correct clericalerrors
       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).

S.63 Entry of assignments and transmissions in registers

       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, transmission 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 [desig

S.64 Rectification of register

       (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

S.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 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].
       ______________________
       1. The word "and" omitted by Act 12 of 1939, section 15.
       2. Substituted by Act 12 of 1939, sec, 15.

S.66 Publication of patented inventions [Repealed]

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

S.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 applicant1[***] for registration of a design, withoul (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.

S.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 the1[Central Government] for directions in the matter.
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       1. Substituted by the A.O. 1937.

S.69 Refusal to grant patent, etc., in certain cases

       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 Controller under this section.]
       ______________________
       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.

S.70 Appeals to the Central Government

       (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.
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       1. Substituted by the A.O. 1937.
       2. Inserted by Act 12 of 1939, section 16

S.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 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.71(a) Evidence of documents in Patent Office

       1 [71A. Evidence of documents in PatentOffice
       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.]
       ______________________
       1. Inserted by Act 12 of 1939, section 17.
       2. Certain words omitted by Ac

S.72 Transmission of copies of specifications, etc., and inspection thereof [Repealed]

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

S.73 Applications and notices by posts

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.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 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.74(a) Security for costs [Repealed]

       1 [74A.Security for costs
       [Rep. by the Patents Act, 1970 (39 of 1970), sec 162 and Schedule (w.e.f. 20-4-1972).]]
       ______________________
       1. Inserted by Act 7 of 1930, sec 30.

S.75 Subscription and verification of certain documents [Repealed]

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

S.76 Agency

       (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 in2[India];
       (b) any person not residing in2[India] to employ an agent residing in2[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).
     &nbs

S.77 Power of Central Government to make rules

       Powers, etc., of 1 [Central Government]
       (1) The 1 [Central Government] 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;]

S.78 Wrongful use of words "Patent office" [Reapled]

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

S.78(a) Reciprocal arrangement with United Kingdom and other Commonwealth countries

       1 [78A. Reciprocal arrangement with United Kingdom and other Commonwealthcountries
       (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 regis

S.78(b) Special provisions relating to applications relevant for defence purposes [Repealed]

       1 [78B. Special provisions relating to applications relevant for defence purposes
       [Rep. by the Parents Act, 1970 (39 of 1970), section 162 and Schedule (w.e.f 20-4-l972).] ]
       ______________________________
       1. Inserted by Act 44 of 1968, section 2 (w.e.f. 10-7-1968).

S.78(c) Special provisions in respect of applications for patents in the field of food, drug or medicine [Repealed]

       1 [78C. Special provisions in respect of applications for patents in the field of food, drug or medicine
       [Rep. by the Patents Act. 1970 (39 of 1970). section 162 and-Schedule (w.e.f. 20-4-1972).]]
       ______________________________
       1. Inserted by Act 44 of 1968, section 2 (w.e.f. 10-7-1968).

S.78(d) Consequences of directions under section 78 B or section 78 C [Repealed]

       1 [78D. Consequences of directions under section 78 B or section 78C
       [Rep. by the Patents Act 1970 (39 of 1970). section 162 and Schedule (w.e.f. 20-4-1972).]]
       ______________________________
       1. Inserted by Act 44 of 1968, section 2 (w.e.f. 10-7-1968).

S.78(e) Contravention of directions under section 78 B [Repealed]

       1 [78E. Contravention of directions under section 78B
       [Rep. by the Patents Act. 1970 section (39 of 1970), 162 and Schedule (w.e.f. 20-4-1972).]]
       ______________________________
       1. Inserted by Act 44 of 1968, section 2 (w.e.f. 10-7-1968).

S.79 Saving for prerogative [Repealed]

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

S.80 Repeals and savings

       1 [80. Repeals and savings
       (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

S.81 Substitution of patents for rights under repealed Act [Repealed]

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

Sch.1 Schedule I

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