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Home Bare Acts Phrase: designateDesigns Act, 1911 [Repealed] Repealing Act 1
Title: Designs Act, 2000
State: Central
Year: 1911
.....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 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.....
View Complete Act List Judgments citing this sectionDesigns Act, 1911 [Repealed] Part II
Title: Designs
State: Central
Year: 1911
.....or article or publishing a description of the design.] _______________________ 1. Substituted by Act 12 of 1939, section 12, for the original section. Section 53 to 54 - Legal Proceedings Section 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 class of goods in which the design is registered] without the consent of the registered proprietor, to publish or expose or cause to be published or.....
View Complete Act List Judgments citing this sectionDesigns 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.....
View Complete Act List Judgments citing this sectionDesigns 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.....
View Complete Act List Judgments citing this sectionSemiconductor 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.....
View Complete Act List Judgments citing this sectionSemiconductor Integrated Circuits Layout-design Act, 2000 Complete Act
Title: Semiconductor Integrated Circuits Layout-design Act, 2000
State: Central
Year: 2000
..... Section44 - Bar of jurisdiction of courts, etc. Section45 - Bar to appear before Appellate Board Section46 - Conditions as to making of interim order Section47 - Power of Chairperson to transfer cases from one Bench to another Section48 - Procedure for application for rectification, etc., before Appellate Board Section49 - Appearance of Registrar in legal proceedings Section50 - Registrar to refer certain disputes to the Board Section51 - Power of the Board to permit certain uses Section52 - Costs of Registrar in proceedings before Appellate Board Section53 - Appeal Section54 - Powers of High Courts to make rules Section55 - Transitional provisions Chapter IX Section56 - Penalty for infringement of layout-design Section57 - Penalty for falsely representing a layout-design as registered Section58 - Penalty for improperly describing a place of business as connected with the Semiconductor Integrated Circuits Layout-Design Registry Section59 - Penalty for falsification of entries in the register Section60 - Forfeiture of goods Section61 - Exemption of certain persons employed in ordinary course of business Section62 - Procedure where invalidity of registration is.....
List Judgments citing this sectionDesigns 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.....
View Complete Act List Judgments citing this sectionSemiconductor 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. .....
View Complete Act List Judgments citing this sectionDesigns Act, 2000 Complete Act
Title: Designs Act, 2000
State: Central
Year: 2000
.....to correct clerical errors Section30 - Entry of assignment and transmissions in registers Section31 - Rectification of register Chapter 7 Section32 - Powers of Controller in proceedings under Act Section33 - Exercise of discretionary power by Controller Section34 - Power of Controller to take directions of the Central Government Section35 - Refusal to register a design in certain cases Section36 - Appeals to the High Court Chapter 8 Section37 - Evidence before the Controller Section38 - Certificate of Controller to be evidence Section39 - Evidence of documents in patent office Section40 - Applications and notices by post Section41 - Declaration by infant, lunatic etc. Section42 - Avoidance of certain restrictive conditions Chapter 9 Section43 - Agency Chapter 10 Section44 - Reciprocal arrangement with the United Kingdom and other convention countries or group of countries or inter-governmental organisations Section45 - Report of the Controller to be placed before Parliament Section46 - Protection of security of India Section47 - Power of Central Government to make rules Chapter 11 Section48 - Repeal and savings
List Judgments citing this sectionDesigns 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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