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Designs Act, 1911 [Repealed] Repealing Act 1

Title: Designs Act, 2000

State: Central

Year: 1911

.....in the Fifty-first Year of the Republic of India as follows:- CHAPTER 1. PRELIMINARY 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 date 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. 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.....

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Designs Act, 1911 [Repealed] Part II

Title: Designs

State: Central

Year: 1911

.....any petition so referred. _______________________ 1. Sections 51 B Inserted by Act 7 of 1930, section 24. 2. Substituted by Act 32 of 1950, section 2. Section 51B - 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.]] _______________________ 1. Substituted by Act 39 of 1970 section 162 and Schedule, for section 51 B (w.e.f. 20-4-1972). Section 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.....

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Designs Act, 2000 Chapter 2

Title: Registration of Designs

State: Central

Year: 2000

.....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. Section 6 - Registration to be in respect of particular article (1) A design.....

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Designs Act, 2000 Chapter 3

Title: Copyright in Registered Designs

State: Central

Year: 2000

.....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. Section 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. Section 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.....

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Semiconductor Integrated Circuits Layout-design Act, 2000 Section 18

Title: Infringement of Layout-design

State: Central

Year: 2000

.....layout-design in its entirety or any part thereof, except such act of reproducing any part thereof which is not original within the meaning of sub-section (2) of section 7; (b) subject to the provisions of sub-section (5), does any act of importing or selling or otherwise distributing for commercial purposes a registered layout-design or a semiconductor integrated circuit incorporating such registered layout-design or an article incorporating such a semiconductor integrated circuit containing such registered layout-design for the use of which such person is not entitled under this Act. Registration to be prima facie evidence of validity.-- (2) Notwithstanding anything contained in section 17, sub-section (1) or sub-section (5), the performance of the act of reproduction referred to in clause (a) of sub-section (1), where such act is performed for the limited purposes of scientific evaluation, analysis, research or teaching, shall not constitute act of infringement within the meaning of that clause. (3) Where a person, on the basis of scientific evaluation or analysis of a registered layout-design, creates another layout-design which is original within the meaning of.....

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Designs Act, 2000 Section 22

Title: Piracy of Registered Design

State: Central

Year: 2000

.....any fraudulent or obvious imitation thereof; or (c) knowing that the design or any fraudulent or obvious imitation thereof has been applied to any article in any class of articles in which the design is registered without the consent of the registered proprietor, to publish or expose or cause to be published or exposed for sale that article. (2) If any person acts in contravention of this section, he shall be liable for every contravention (a) to pay to the registered proprietor of the design a sum not exceeding twenty-five thousand rupees recoverable as a contract debt, or (b) if the proprietor elects to bring a suit for the recovery of damages for any such contravention, and for an injunction against the repetition thereof, to pay such damages as may be awarded and to be restrained by injunction accordingly: Provided that the total sum recoverable in respect of any one design under clause (a) shall not exceed fifty thousand rupees: Provided further that no suit or any other proceeding for relief under this sub-section shall be instituted in any court below the court of District Judge. (3) In any suit or any other proceeding for relief under sub-section (2), every.....

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Semiconductor Integrated Circuits Layout-design Act, 2000 Chapter VI

Title: Use of Layout-design Andregisteredusers

State: Central

Year: 2000

.....respect to the permitted use of the layout-design; and (b) an affidavit made by the registered proprietor or by some person authorised to the satisfaction of Registrar to act on his behalf-- (i) giving particulars of the relationship, existing or proposed, between the registered proprietor and the proposed registered user, including particulars showing the degree of control by the proprietor over the permitted use which the relationship will confer and whether it is a term of their relationship that the proposed registered user shall be sole registered user or that there shall be any other restriction as to persons for whose registration as registered user application may be made; (ii) stating the conditions or restrictions, if any, proposed with respect to the place of permitted use or any other matter; (iii) stating whether the permitted use to be for a period or without limit of period, and, if for a period, the duration thereof; and (c) such further documents or other evidence as may be required by the Registrar or as may be prescribed. (2) Where the requirement of sub-section (1) have been complied with, the Registrar shall register the proposed registered user. .....

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Designs Act, 1911 [Repealed] Section 53

Title: Piracy of Registered Design

State: Central

Year: 1911

.....hundred rupees recoverable as a contract debt,or (b) if the proprietor elects to bring a suit for the recovery of damages for any such contravention, and for an injunction against the repetition thereof, to pay such damages as may be awarded and to be restrained by injunction accordingly : Provided that the total sum recoverable in respect of any one design under clause (a) shall not exceed one thousand rupees. (3) When the court makes a decree in a suit under sub-section (2) it shall send a copy of the decree to the Controller, who shall cause an entry thereof to be made in the register of designs. _______________________ 1. Inserted by Act 12 of 1939, section 13.

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Semiconductor Integrated Circuits Layout-design Act, 2000 Section 7

Title: Prohibition of Registration of Certain Layout-designs

State: Central

Year: 2000

.....in a convention country shall be treated as not having been commercially exploited for the purposes of this sub-section. (2) A layout-design shall be considered to be original if it is the result of its creator's own intellectual efforts and is not commonly known to the creators of layout-designs and manufacturers of semiconductor integrated circuits at the time of its creation: Provided that a layout-design consisting of such combination of elements and interconnections that are commonly known among creators of layout-designs and manufacturers of semiconductor integrated circuits shall be considered as original if such combination taken as a whole is the result of its creator's own intellectual efforts. (3) Where an original layout-design has been created in execution of a commission or a contract of employment, the right of registration to such layout-design under this Act shall belong, in the absence of any contractual provision to the contrary, to the person who commissioned the work or to the employer.

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Designs Act, 1911 [Repealed] Section 50

Title: Inspection of Registered Designs

State: Central

Year: 1911

.....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 registered. (2) After the expiration of the copyright in a design, or such shorter period as aforesaid, the design shall be open to inspection, and copies thereof may be taken by any person on payment of the prescribed fee. (3) Different periods may be prescribed under this section for different classes of goods.

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