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Start Free TrialDesigns 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 Section 3
Title: Controller and Other Officers
State: Central
Year: 2000
.....appointed under sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958) shall be the Controller of Designs for the purposes of this Act. (2) For the purposes of this Act, the Central Government may appoint as many examiners and other officers and with such designations as it thinks fit. (3) Subject to the provisions of this Act, the officers appointed under sub-section (2) shall discharge under the superintendence and directions of the Controller such functions of the Controller under this Act as he may, from time to time, by general or special order in writing, authorise them to discharge. (4) Without prejudice to the generality of the provisions of sub-section (3), the Controller may, by order in writing and for reasons to be recorded therein, withdraw any matter pending before an officer appointed under sub-section (2) and deal with such matter himself either de novo or from the stage it was so withdrawn or transfer the same to another officer appointed under sub-section (2) who may, subject to special directions in the order of transfer, proceed with the matter either de novo or from the stage it was so transferred.
View Complete Act List Judgments citing this sectionDesigns Act, 2000 Section 8
Title: Power of Controller to Make Orders Regarding Substitution of Application, Etc.
State: Central
Year: 2000
.....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 .....
View Complete Act List Judgments citing this sectionDesigns Act, 2000 Section 10
Title: Register of Designs
State: Central
Year: 2000
(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 of registered designs, notifications of assignments and of transmissions of registered designs, and such other matter as may be prescribed and such register may be maintained wholly or partly on computer floppies or diskettes, subject to such safeguards as may be prescribed. (2) Where the register is maintained wholly or partly on computer under floppies or diskettes sub-section (1), any reference in this Act to any entry in the register shall be construed as the reference to the entry so maintained on computer floppies or diskettes. (3) 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. (4) The register of designs shall be prima facie evidence of any matter by this Act directed or authorized to be entered therein.
View Complete Act List Judgments citing this sectionDesigns Act, 2000 Chapter 6
Title: General
State: Central
Year: 2000
.....prescribed form 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 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 registered design, he may make an application in the prescribed form 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 designs, with particulars of the instrument, if any, creating such interest. (3) For the purposes of sub-section (1) or sub-section (2), an assignment of a design or of a share in a design, a mortgage, licence or the creation of any other interest in a design shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of an instrument embodying all the terms and conditions governing.....
View Complete Act List Judgments citing this sectionDesigns Act, 2000 Section 30
Title: Entry of Assignment and Transmissions in Registers
State: Central
Year: 2000
.....prescribed form 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 designs, with particulars of the instrument, if any, creating such interest. (3) For the purposes of sub-section (1) or sub-section (2), an assignment of a design or of a share in a design, a mortgage, licence or the creation of any other interest in a design shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of an instrument embodying all the terms and conditions governing their rights and obligation and the application for registration of title under such instrument is filed in the prescribed manner with the Controller within six months from the execution of the instrument or within such further period not exceeding six months in the aggregate as the Controller on the application made in the prescribed manner allows: Provided that the instrument shall, on entry of its particulars in the register under sub-section (1) or sub-section (2), have the effect from the.....
View Complete Act List Judgments citing this sectionDesigns Act, 2000 Section 31
Title: Rectification of Register
State: Central
Year: 2000
.....in such register, make such order for making, expunging or varying such entry as he thinks fit and rectify the register accordingly. (2) The Controller may, in any proceeding under this section, decide any question that may be necessary or expedient to decide in connection with the rectification of a register. (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 the High Court for decision, and the High Court shall dispose of any application so referred. (4) Any order of the Court rectifying a register shall direct that notice of the rectification be served on the Controller in the prescribed manner who shall upon the receipt of such notice rectify the register accordingly. (5) Nothing in this section shall be deemed to empower the Controller to make any such order cancelling the registration of a design as is provided for in section 19.
View Complete Act List Judgments citing this sectionDesigns Act, 2000 Chapter 7
Title: Powers and Duties of Controller
State: Central
Year: 2000
.....Government for directions in the matter. Section 35 - Refusal to register a design in certain cases (1) The Controller may refuse to register a design of which the use would, in his opinion, be contrary to public order to morality. (2) An appeal shall lie to the High Court from an order of the Controller under this section. Section 36 - Appeals to the High Court (1) Where an appeal is declared by this Act to lie from the Controller to the High Court, the appeal shall be made within three months of the date of the order passed by the Controller. (2) In calculating the said period of three months, the time (if any) occupied in granting a copy of the order appealed against shall be excluded. (3) The High Court may, if it thinks fit, obtain the assistance of an expert in deciding such appeals, and the decision of the High Court shall be final. (4) The High Court may make rules consistent with this Act as to the conduct and procedure of all proceedings under this Act before it.
View Complete Act List Judgments citing this sectionDesigns Act, 2000 Section 34
Title: Power of Controller to Take Directions of the Central Government
State: Central
Year: 2000
The Controller may, in any case of doubt or difficulty arising in the administration of any of the provisions of this Act, apply to the Central Government for directions in the matter.
View Complete Act List Judgments citing this sectionDesigns Act, 2000 Chapter 8
Title: Evidence, Etc.
State: Central
Year: 2000
..... (i) in any contract for or in relation to the sale or lease of an article in respect of which a design is registered; or (ii) in a licence to manufacture or use an article in respect of which a design is registered; or (iii) in a licence to package the article in respect of which a design is registered, condition the effect of which may be- (a) to require the purchase, lessee, or licensee to acquire from the vendor, lessor, or licensor or his nominees, or to prohibit him from acquiring or to restrict in any manner or to any extent his right to acquire from any person or to prohibit him from acquiring except from the vendor, lessor, or licensor or his nominees any article other than the article in respect of which a design is registered; or (b) to prohibit the purchaser, lessee or licensee from using or to restrict in any manner or to any extent the right of the purchaser, lessee or licensee, to use an article other than the article in respect of which a design is registered which is not supplied by the vendor, lessor or licensor or his nominee, and any such condition shall be void. (2) A condition of the nature referred to in clause (a) or clause (b) of sub-section (1).....
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