Requirements before delivery on sales
Section 15 of the Designs Act, 2000 deals with requirements before delivery on sales. Before delivery on sale of any articles to which a registered design has been applied, the proprietor shall-- (a) (if exact representations or specimens were not finished on the application for registration) furnish to the Controller the prescribed number of exact representations or specimens of the The Act came into force on 11 May 2001.
(1) Before delivery on sale of any articles to which a registered design has been applied, the proprietor shall--
(a) (if exact representations or specimens were not finished on the application for registration) furnish to the Controller the prescribed number of exact representations or specimens of the design; and, if he fails to do so, the Controller may, after giving notice thereof to the proprietor, erase his name from the register and thereupon the copyright in the design shall cease; and
(b) causes each such article to be marked with the prescribed mark, or with the prescribed words or figures denoting that the design is registered; and, if he fails to do so, the proprietor shall not be entitled to recover any penalty or damages in respect of any infringement of his copyright in the design unless he shows that he took all proper steps to ensure the marking of the article, or unless he shows that the infringement took place after the person guilty thereof knew or had received notice of the existence of the copyright in the design.
(2) Where a representation is made to the Central Government by or on behalf of any trade or industry that in the interest of the trade or industry it is expedient to dispense with or modify as regards any class or description of articles any of the requirements of this section as to marking, the Central Government may, if it thinks fit, by rule under this Act, dispense with or modify such requirements as regards any such class or description of articles to such extent and subject to such conditions as it thinks fit.
Section 15, The Designs Act, 2000 (Act 16 of 2000).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Maya Appliances Private Limited v. Vibrant Concepts and Designs
Court's Decision & Legal Precedent
s.15(1)(b) mandates the registered proprietor to mark articles with design-registration particulars before delivery on sale; non-compliance is a material factor against interim injunction in design-piracy suits. Prior-art/identity issues go to trial; interlocutory relief denied where marking requirement unmet among other factors.
On this section: Court held plaintiff failed s.15(1)(b) marking on products; that non-compliance weighed against OA interim injunction in Designs commercial suit.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
1 instrument names this provision in its title or its text without being made under it.
Questions about Section 15
What have the courts held on Section 15 of the Designs Act?
Maya Appliances Private Limited v. Vibrant Concepts and Designs (02 Apr 2024) is the leading judgment on this section among those set out below: Court held plaintiff failed s.15(1)(b) marking on products; that non-compliance weighed against OA interim injunction in Designs commercial suit.
How do I find court cases under Section 15 of the Designs Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Designs Act 2000 15, section 15 Designs Act 2000, section 15 of the Designs Act. People searching for it also type designs act s 15. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Maya Appliances Private Limited v. Vibrant Concepts and Designs (02 Apr 2024).
What should I read with Section 15 of the Designs Act, and has it changed?
1 other provision in this corpus refers back to it. One instrument names it without being made under it, most recently The Design Rules, 2001 (2001).
When did Section 15 of the Designs Act come into force?
Section 15 of the Designs Act, cited as Designs Act 2000 15, came into force on 11 May 2001, having been enacted on 25 May 2000. It is in force as at the date shown on this page.
Other sections of this Act
- 47. Power of Central Government to make rules897 words
- 44. Reciprocal arrangement with the United Kingdom and other convention countries or group of countries of inter-governmental organisations538 words
- 42. Avoidance of certain restrictive conditions521 words
- 30. Entry of assignment and transmissions in registers474 words
- 8. Power of Controller to make orders regarding substitution of application, etc464 words
- 2. Definitions458 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.