Sections Particulars
1 Short title extent and commencement
(1) This Act may be called the Designs Act 1911. (2) It extends to the whole of India. ...
2 Definitions
In this Act unless there is anything repugnant in the subject or context :       (1) Omitted by Patents Act 1970; (2) "article" means any article of manufactu...
2A Rule of construction in application of Act to Part B States
[Repealed by the Part B States (Laws) Act 1951] [Part I comprising ss.3 to 42 both inclusive have been omitted by the Patents Act1970(39of1970) s.12andSch.w.e...
Part I [Comprising ss.3 to 42 both inclusive have been omitted by the Patents Act1970(39of1970) s.12andSch.w.e.f. 20-4-1972]
Part II
43 Application for registration of designs
(1) The Controller may on the application of any person claiming to be the proprietor of any new or original design not previously published in India registe...
44 Registration of designs in new classes
Where a design has been registered in one or more classes of goods the application of the proprietor of the design to register it in some one or more other c...
45 Certificate of registration
(1) The Controller shall grant a certificate of registration to the proprietor of the design when registered. (2) The Controller may in case of loss of the or...
46 Register of Designs
(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 register...
47 Copyright on registration
(1) When a design is registered the registered proprietor of the design shall subject to the provisions of this Act have copyright in the design during five y...
48 Requirements before delivery on sales
(1) Before delivery on sale of any articles to which a registered design has been applied the proprietor shall - (a) (if exact representation or specimens wer...
49 Effect of disclosure on copyright
The disclosure of a design by the proprietor to any other person in such circumstances as would make it contrary to good faith for that other person to use or...
50 Inspection of registered designs
(1) During the existence of copyright in a design or such shorter period not being less than two years from the registration of the design as may be prescribe...
51 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 Controll...
51A Cancellation of registration
(1) Any person interested may present a petition for the cancellation of the registration of a design - (a) at any time after the registration of the design t...
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 Pat...
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 be...
53 Piracy of registered design
(1) During the existence of copyright in any design it shall not be lawful for any person - (a) for the purpose of sale to apply or cause to be applied to any...
54 Application of certain provisions of the Act as to patents to designs
The provisions of the Patents Act 1970 with regard to certificates of the validity of a patent and to the remedy in case of groundless threats of legal procee...
Part III
55 Patent Office
[Repealed by the Patents Act 1970 (39 of 1970) section 162 and Schedule w.e.f. 20-4-1972] ...
56 Officers and clerks [Repealed by s. 162 and Sch. of Patents Act 1970 w.e.f. 20-4-1972
57 Fees
(1) There shall be paid in respect of the registration of designs and applications therefor and in respect of other matters relating to designs under this Act...
58 Notice of trust not to be entered in registers
There shall not be entered in any register kept under this Act or be receivable by the Controller any notice of any trust expressed implied or constructive. ...
59 Inspection of and extracts from registers
Every register kept under this Act shall at all convenient times be open to the inspection of the public subject to the provision of this Act; and certified c...
59A Information relating to patents
Repealed by the Patents Act 1970 (39 of 1970) section 162 and Schedule w.e.f. 20-4-1972. ...
60 Privilege of reports of Controller
Reports of or to the Controller made under this Act shall not in any case be published or be open to public inspection. ...
61 Prohibition of publication of specification drawings etc. where application abandoned etc.
(1) [Omitted by Patents Act 1970] (2) Where an application for a design has been abandoned or refused the application and any drawings photographs tracing rep...
62 Power of Controller to correct clerical errors
The Controller may on request in writing accompanied by the prescribed fee correct any clerical error in the representation of a design or in the name or addr...
63 Entry of assignments and transmissions in registers
(1) Where a person becomes entitled by assignment transmission or other operation of law to the copyright in a registered design he may make application t...
64 Rectification of register
(1) The Controller may on the application in the prescribed manner of any person aggrieved by the non-insertion in or omission from the register of designs or...
65 Powers of Controller in proceedings under Act
65. Subject to any rules in this behalf, the Controller in any proceedings before him under this Act shall have the powers of a Civil Court for the purpos...
66 [Publication of patented inventions] Repealed by the Patents Act 1970 (39 of 1970) section 162 and Schedule w.e.f. 20-4-1972.
67 Exercise of discretionary power by Controller
 Where any discretionary power is by or under this Act given to the Controller he shall not exercise that power adversely to the applicant for registration of...
68 Power of Controller to take directions of the Central Government
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 d...
69 Refusal to grant patent etc. in certain cases
(1) The Controller may refuse to register a design of which the use would in his opinion be contrary to law or morality. (2) An appeal shall lie to the Central...
70 Appeals to the Central Government
(1) Where an appeal is declared by this Act to lie from the Controller to the Central Government the appeal shall be made within three months of the date of t...
70A Evidence before the Controller
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 d...
71 Certificate of Controller to be evidence
A certificate purporting to be under the hand of the Controller as to any entry matter or thing which he is authorized by this Act or any rules made thereunde...
71A Evidence of documents in Patent Office
Printed or written copies or extracts purporting to be certificate by the Controller and sealed with the seal of the Patent Office of documents in the Patent ...
72 [Transmission of copies of specifications etc. and inspection thereof] Repealed by the Patents Act 1970 (39 of 1970) section 162 and Schedule w.e.f. 20-4-1972
73 Applications and notices by post
Any application notice or other document authorized or required to be left made or given at the Patent Office or to the Controller or to any other person unde...
74 Declaration by infant lunatic etc.
(1) If any person is by reason of infancy lunacy or other disability incapable of making any statement or doing anything required or permitted by or under thi...
74A Security for costs [Repealed by the Patents Act 1970 section 162 and Schedule (39 of 1970) w.e.f. 20-4-1972
75 Subscription and verification of certain documents
Repealed by the Patents Act 1970 (39 of 1970) section 162 and Schedule w.e.f. 20-4-1972.] ...
76 Agency
(1) All applications and communications to the Controller under this Act may be signed by and all attendances upon the Controller may be made by or through a ...
77 Power for Central Government to make rules
(1) The Central Government may make such rules as it thinks expedient subject to the provisions of this Act - (a) for regulating the practice of registration ...
78 Wrongful use of words "Patent Office"" [Repealed by the Patents Act 1970 (39 of 1970) s. 162 and Schedule w.e.f. 20-4-1972]"
78A Reciprocal arrangement with United Kingdom and other Commonwealth Countries
(1) Any person who has applied for protection for any design in the United Kingdom or his legal representative or assignee shall either alone or jointly with ...
78B Special provisions relating to applications relevant or defense purposes
...
78C Special provisions in respect of applications for patents in the field of food drug or medicine
[Repealed by the Patents Act 1970 w.e.f. 20-4-1972] ...
78D Consequences of directions under section 78B or section 78C
Repealed by the Patents Act 1970 w.e.f. 20-4-1972. ...
78E Contravention of directions under section 78B
[Repealed by the Patents Act 1970 w.e.f. 20-4-1972. ...
79 Saving for prerogative
[Repealed by the Adaptation of Laws Order 1950] ...
80 Repeal and saving
(1) If immediately before - (i) the 18th day of April 1950 in relation to any Part B State other than the State of Jammu & Kashmir and (ii) the date of c...
81 Substitution of patents for rights under repealed Act
[Repealed by the Repealing and Amending Act 1920]...
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