COTTON TEXTILES CESS (REPEAL) ACT, 2000 [Act, No. 19 of 2000] [9th June, 2000] PREAMBLE An Act to repeal the Cotton Textiles Cess Act, 1948. Be it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:--
View Complete Act List Judgments citing this sectionThis Act may be called the Cotton Textiles Cess (Repeal) Act, 2000.
View Complete Act List Judgments citing this sectionThe Cotton Textiles Cess Act, 1948 (7 of 1948) is hereby repealed.
View Complete Act List Judgments citing this sectionThe Designs Act, 2000 [Act, No.16 of 2000] [25th May, 2000] PREAMBLE An Act to consolidate and amend the law relating to protection of designs. BE it enacted by Parliament in the Fifty-first Year of the Republic of India as follows:-
View Complete Act List Judgments citing this sectionIn 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 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 any 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 property mark as defined in.....
View Complete Act List Judgments citing this sectionA 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.
View Complete Act List Judgments citing this section.....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 than one class, and, in case of doubt 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; but any person aggrieved by any such refusal may appeal to the High Court. (5) An application which, owing to any default or neglect on the part of the applicant, has not been completed so as to enable registration to be effected within the prescribed time shall be deemed to be abandoned. (6) A design when registered shall be registered as of the date of the application for registration.
View Complete Act List Judgments citing this section.....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 having been previously published in India or in any other country, by reason only that it has been applied to article in respect of which it was previously registered: Provided that such subsequent registration shall not extend the period of copyright in the design beyond that arising from previous registration. (4) Where any person makes an application for the registration of a design in respect of any article and either- (a) that design has been previously registered by another person in respect of some other article; or (b) the design to which the application relates consists of a design previously registered by.....
View Complete Act List Judgments citing this sectionThe 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.
View Complete Act List Judgments citing this section.....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 except with the consent of the other joint applicant or applicants. (3) No such direction as aforesaid shall be given by virtue of any assignment or agreement for the assignment of the benefit of a design unless- (a) the design is identified therein by reference to the number of the application for the registration; or (b) there is produced to the Controller an acknowledgment by the person by whom the assignment or agreement was made that the assignment or agreement relates to the design in respect of which that application is made; or (c) the rights of the claimant in respect of the design have been finally established by the decision of a court; or .....
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