The Designs Act, 2000

Summary of the Designs Act, 2000

Key Provisions

1. Definitions

• Article: Any article of manufacture, including parts.

• Controller: Controller-General of Patents, Designs, and Trade Marks.

• Copyright: Exclusive right to apply a registered design to an article.

• Design: Features of shape, configuration, etc., appealing to the eye, excluding mechanical devices, trademarks, property marks, and artistic works.

• Other definitions for "High Court", "Legal Representative", "Original", "Patent Office", "Prescribed", "Proprietor of a new or original design", etc.

2. Registration and Procedure

• Prohibition of Registration: Not explicitly summarized here (section 4 not provided in context).

• Application for Registration: Process outlined (section 5, context not provided).

• Registration Specific to Article: Registered designs are in respect of particular articles (section 6).

• Publication and Inspection: Particulars of registered designs are published and open to inspection (sections 7, 26, 27, 28).

• Certificate of Registration: Issued to the proprietor (section 9).

• Register of Designs: Maintained at the Patent Office, may be on computer, and is prima facie evidence (section 10).

3. Rights and Corrections

• Correction of Clerical Errors: By the Controller on request (section 29).

• Entry of Assignments and Transmissions: Process for registering title changes (section 30).

• Rectification of Register: Possible on application to the Controller (section 31, partially provided).

4. Copyright in Registered Designs

• Copyright on Registration: Rights accrue upon registration (section 11, context not provided).

• Restoration of Lapsed Designs: Procedure for restoration (sections 12-14, context not provided).

• Rights and Obligations: Includes requirements before sales, effects of disclosure, inspection rights, and cancellation procedures (sections 15-20, contexts partially provided).