Section42

The Designs Act, 2000

Avoidance of certain restrictive conditions

Q: When did Section 42 of the Designs Act come into force?

Section 42 of the Designs Act, cited as Designs Act 2000 42, 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.

In force From 11 May 2001 Act 16 of 2000 As on 18 Oct 2026

Act 16 of 2000 Ministry Commerce and Industry Enacted 25 May 2000 In force 11 May 2001

Section 42 of the Designs Act, 2000 deals with avoidance of certain restrictive conditions. It shall not be lawful to insert-- (i) in any contract for or in relation to the sale or lease of an article in respect of which a design is registered; The Act came into force on 11 May 2001.

(1) It shall not be lawful to insert--
(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 purchaser, 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) shall not cease to be a condition falling within that sub-section merely by reason of the fact that the agreement containing it has been entered into separately, whether before or after the contract relating to the sale, lease or licence of the article in respect of which a design is registered.
(3) In proceeding against any person for any act in contravention of section 22, it shall be a defence to prove that at the time of such contravention there was in force a contract relating to the registered design and containing a condition declared unlawful by this section:
Provided that this sub-section shall not apply if the plaintiff is not a party to the contract and proves to the satisfaction of the court that the restrictive condition was inserted in the contract without his knowledge and consent, express or implied.
(4) Nothing in this section shall--
(a) affect a condition in a contract by which a person is prohibited from selling goods other than those of particular person;
(b) validate a contract which, but for this section, would be invalid;
(c) affect a condition in a contract for the lease of, or licence to use, an article in respect of which a design is registered, by which the lessor or licensor reserves to himself or his nominee the right to supply such new parts of the article, in respect of which a design is registered, as may be required or to put or keep it in repair.
(5) The provision of this section shall also apply to contracts made before the commencement of this Act if, and in so far as, any restrictive conditions declared unlawful by this section continue in force after the expiration of one year from such commencement.
Section 42, 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.

This section refers to

s. 22 Piracy of registered design

Questions about Section 42

What does Section 42 of the Designs Act deal with?

Section 42 of the Designs Act is headed "Avoidance of certain restrictive conditions". It shall not be lawful to insert-- (i) in any contract for or in relation to the sale or lease of an article in respect of which a design is registered;

How do I find court cases under Section 42 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 42, section 42 Designs Act 2000, section 42 of the Designs Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 42 of the Designs Act, and has it changed?

Its own text turns on section 22 (Piracy of registered design), so none of them can safely be read on its own.

When did Section 42 of the Designs Act come into force?

Section 42 of the Designs Act, cited as Designs Act 2000 42, 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

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 18 Oct 2026. This page is not a substitute for legal advice.