THE DESIGNS ACT, 1911 [Act, No.2 of 1911] [1st March, 1911] PREAMBLE An Act to amend the law relating to the protection of1[***] Designs. WHEREAS it is expedient to amend the law relating to the protection of1[***] designs; It is hereby endacted as follows:-- _____________________ 1. The words "Inventions and" omitted by Act 39 of 1970, section 162 and Schedule (w.e.f. 20-4-1972).
View Complete Act List Judgments citing this section(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. _____________________ 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); and comes into force in Pondicherry with modifications vide Regulation 7 of 1963, section 3 and Schedule 1 (w.e.f. 1-10-1963); Laccadive, Minicoy and Amindivi Islands vide Regulation 8 of 1965, section 3 and Schedule (w.e.f. 1-10-1967). 4. The words "except the State of Jammu and Kashmir" omitted by Act 62 of 1956, section 2 and Schedule
View Complete Act List Judgments citing this sectionIn 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 chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any5[trade mark as defined in clause (v) of sub-section (1) of section 2 of the Trade and Merchandise Marks Act, 1958 (43 of 1958)], or properly mark as defined in section 479 of the Indian Penal Code (45 of I860);] 6[***] 7[7].....
View Complete Act List Judgments citing this section1[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.
View Complete Act List Judgments citing this section[Rep. by the Patents Act, 1970 (39 of 1970) section 162 and Schedule (w.e.f. 20-4-1972)].
View Complete Act List Judgments citing this sectionWhere 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.] _______________________ 1. Substituted by Act 7 of 1930. section 23. 2. Substituted by Act 32 of 1950, section 2. 3. Inserted by Act 7 of 1930, section 23.
View Complete Act List Judgments citing this section(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.
View Complete Act List Judgments citing this section(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.
View Complete Act List Judgments citing this section(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 a third period of five years from the expiration of the second period of five years. _______________________ 1. The words "within the prescribed time" rep. by Act 12 of 1939, section 11.
View Complete Act List Judgments citing this sectionThe 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.
View Complete Act List Judgments citing this section