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Designs Act, 1911 [Repealed] Section 78D

Title: Consequences of Directions Under Section 78 B or Section 78 C [Repealed]

State: Central

Year: 1911

1 [78D. Consequences of directions under section 78 B or section 78C [Rep. by the Patents Act 1970 (39 of 1970). section 162 and Schedule (w.e.f. 20-4-1972).]] ______________________________ 1. Inserted by Act 44 of 1968, section 2 (w.e.f. 10-7-1968).

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Designs Act, 1911 [Repealed] Section 78E

Title: Contravention of Directions Under Section 78 B [Repealed]

State: Central

Year: 1911

1 [78E. Contravention of directions under section 78B [Rep. by the Patents Act. 1970 section (39 of 1970), 162 and Schedule (w.e.f. 20-4-1972).]] ______________________________ 1. Inserted by Act 44 of 1968, section 2 (w.e.f. 10-7-1968).

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Designs Act, 1911 [Repealed] Section 68

Title: Power of Controller to Take Directions of the Central Government

State: Central

Year: 1911

The Controller may, in any case of doubt or difficulty arising in the administration of any of the provisions of this Act, apply to the1[Central Government] for directions in the matter. ______________________ 1. Substituted by the A.O. 1937.

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Designs Act, 1911 [Repealed] Repealing Act 1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] Section 46

Title: Register of Designs

State: Central

Year: 1911

(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.

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Designs Act, 1911 [Repealed] Part III

Title: General

State: Central

Year: 1911

..... 1. The original section. 69 was renumbered as sub-section (1) of that section by Act 7 of 1930, section 28. 2. The word "and" omitted by Act 12 of 1939, Section 15 3. Inserted by Act 7 of 1930, section 28.131613Substituted by the A.O. 1937. 4. Substituted by the A.O. 1937. Section 70 - Appeals to the Central Government (1) Where an appeal is declared by this Act to lie from the Controller to the1[Central Government], the appeal shall he made within2[three] months of the date of the order passed by the Controller, and shall he in writing, and accompanied by the prescribed fee. (2) In calculating the said period of2[three] months, the lime (if any) occupied in granting a copy of the order appealed against shall be excluded. (3) The1[Central Government] may, if1[it] thinks fit, obtain the assistance of an expert in deciding such appeals, and the decision of the1[Central Government] shall be final. ______________________ 1. Substituted by the A.O. 1937. 2. Inserted by Act 12 of 1939, section 16 Section 70A to 74A - Evidence, etc, Section 70A - Evidence before the Controller 1 [70A. Evidence before theController Subject to any rules made under.....

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Designs Act, 1911 [Repealed] Section 63

Title: Entry of Assignments and Transmissions in Registers

State: Central

Year: 1911

.....make application 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 3 [designs] with particulars of the instrument, if any, creating such interest.] (3) The person registered as the proprietor of a 2 [***] design shall, subject to the provisions of this Act and to any rights appearing from the register to be vested in any other person, have power absolutely to assign, grant licences as to, or otherwise deal with, the 2 [***] design and to give effectual receipts for any consideration for any such assignment, licence or dealing : Provided that any equities in respect of the 2 [***] design may been forced in like manner as in respect of any other movable properly. 4 [(4) Except in the case of an application made under section 64, a document or instrument in respect of which no entry has been made in the register in accordance with the provisions of sub-sections (1) and (2) shall not be admitted in evidence in any court in proof of the title 2 [***] to copyright in a design or to any interest the rein,.....

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Designs Act, 1911 [Repealed] Section 64

Title: Rectification of Register

State: Central

Year: 1911

.....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 he served on the Controller in the prescribed manner, who shall upon the receipt of such notice rectify the register accordingly. 1 [ (5) Nothing in this section shall be deemed to empower the Controller-- 3 [***] (b) to make any such order cancelling the registration of a design as is provided for in section 51A.] ______________________ 1. Substituted by Act 7 of 1930, section 27. 2. Certain words omitted by Act, 39 of 1970, section 162 and Schedule (w.e.f. 20-4-1972). 3. Clause (a) omitted by Act 39 of 1970, section 162 and Schedule (w.e.f. 20-4-1972).

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Designs Act, 1911 [Repealed] Section 70A

Title: Evidence Before the Controller

State: Central

Year: 1911

1 [70A. Evidence before theController Subject to any rules made under section 77, in any proceeding under this Act before the Controller, the evidence shall be given by affidavit, in the absence of directions by the Controller to the contrary; but in any case in which the Controller thinks it right so to do he may take evidence viva voce in lieu of or in addition to evidence by affidavit or may allow any party to be cross-examined on the contents of his affidavit.] ______________________ 1. Inserted by Act 12 of 1939, section 16

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Designs Act, 1911 Complete Act

State: Central

Year: 1911

DESIGNS ACT, 1911 DESIGNS ACT, 1911 2 of 1911 An Act to amend the law relating to the protection of Designs. Whereas it is expedient to amend the law relating to the protection of designs; it is hereby enacted as follows :- SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT. (1) This Act may be called the Designs Act, 1911. (2) It extends to the whole of India. (3) It shall come into force on the first day of January, 1912. SECTION 02: DEFINITIONS. In this Act, unless there is anything repugnant in the subject or context:- (1) ** (2) "article" means any article of manufacture and any substance, artificial or natural, or partly artificial and partly natural; (3) "Controller" means the Controller General of Patents, Designs and Trade Marks appointed under sub-section (1) ofsection 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 ; (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.....

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