Intellectual
Property Rights
DESIGNS ACT, 1911
PART
III : GENERAL
PATENT OFFICE AND PROCEEDINGS THEREAT
55. Patent Office
[Repealed by the Patents Act, 1970 (39
of l970), section l62 and Schedule w.e.f. 20th April, 1972.]
56. Officers and clerks
[Repealed
by section 162 and Schedule of Patents Act, 1970, w.e.f. 20th April, 1972.]
FEES
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 such fees as may be prescribed by the Central Government.
(2) A
proceeding in respect of which a fee is payable under this Act or the
rule made thereunder shall be of no effect unless the fee has been paid.
PROVISIONS
AS TO REGISTERS AND OTHER DOCUMENTS IN THE PATENT OFFICE
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 provisions of this Act; and
certified copies, sealed with the seal of the Patent Office, of any entry
in any such register shall be given to any person requiring the same on
payment of the prescribed fee.
59A. Information relating to patents
[Repealed
by the Patents Act, 1970 (39 of 1970), section 162 and Schedule w.e.f.
20th April, 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, representations or specimens left
in connection with the application shall not at any time be open to public
inspection or be published by the Controller.
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
address of the proprietor of any design or in any other matter which is
entered upon the Register of Designs.
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
to the Controller to register his title, and the Controller shall, on
receipt of such application and on proof of title to his satisfaction,
register him as the proprietor of such design, and shall cause an entry
to be made in the prescribed manner in the register of the assignment,
transmission or other instrument affecting the title.
(2) Where
any person becomes entitled as mortgagee, licensee or otherwise to any
interest in a registered design, he may 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 Designs, with
particulars of the instrument, if any, creating such interest.
(3) The
person registered as the proprietor of a 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 design and to give effectual
receipts for any consideration for any such assignment, licence or dealing
:
PROVIDED
that any equities in respect of the design may be enforced in like manner
as in respect of any other movable property.
(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 to copyright in a design
or to any interest therein, unless the court, for reasons to be recorded
in writing, otherwise directs.
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 any entry, or by any entry made in such register without sufficient
cause, or by any entry wrongly remaining on such register, or by an error
or defect in any entry in such register, make such order for making, expunging
or varying such entry as he thinks fit and rectify the register accordingly.
(2) The
Controller may in any proceeding under this section decide any question
that it may be necessary or expedient to decide in connection with the
rectification of a register.
(3) An
appeal shall lie to the High Court from any order of the Controller under
this section; and the Controller may refer any application under this
section 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 be served on the Controller in the prescribed manner, who
shall upon the receipt of such notice rectify the register accordingly.
(5) Nothing
in this section shall be deemed to empower the Controller-
(a) [Omitted
by Patents Act, 1970]
(b) to
make any such order cancelling the registration of a design as is provided
for in section 51A.
POWERS
AND DUTIES OF CONTROLLER
65. Powers of Controller in proceedings under Act
Subject
to any rule in this behalf, the Controller in any proceedings before him
under this Act shall have the powers of a civil court for the purpose
of receiving evidence, administering oaths, enforcing the attendance of
witnesses, compelling the discovery and production of documents, issuing
commissions for the examining of witnesses and awarding costs and such
award shall be executable in any court having jurisdiction as if it were
a decree of that court.
66. Publication of patented inventions
[Repealed
by the Patents Act, 1970 (391 of 1970), section 162 and Schedule w.e.f.
20th April, 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 a design, without (if so required within the prescribed time by the
applicant) giving the applicant an opportunity of being heard.
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 directions in the matter.
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 Government from an order of the Controller
under this section.
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
the order passed by the Controller, and shall be in writing, and accompanied
by the prescribed fee.
(2) In
calculating the said period of three months the time (if any) occupied
in granting a copy of the order appealed against shall be excluded.
(3) The
Central Government may, if it thinks fit, obtain the assistance of an
expert in deciding such appeals, and the decision of the Central Government
shall be final.
EVIDENCE,
ETC.
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 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.
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 authorised by this Act, or any rules
made there under, to make or do, shall be prima facie evidence of the
entry having been made, and of the contents thereof, and of the matter
or thing having been done or left undone.
71A. Evidence of documents in Patent Office
Printed
or written copies or extracts; purporting to be certified by the Controller
and sealed with the seal of the Patent Office, of documents, in the Patent
Office, and of or from registers and other books kept there, shall be
admitted in evidence in all courts in India, and in all proceedings, without
further proof or production of the originals :
PROVIDED
that a court may, if it has reason to doubt the accuracy or authenticity
of the copies tendered in evidence, require the production of the originals
or such further proof as it considers necessary.
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.
20th April, 1972.
73. Applications and notices by post
Any
application, notice or other document authorised or required to be left,
made or given at the Patent Office or to the Controller, or to any other
person under this Act, may be sent by post.
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 this Act, the lawful guardian, committee or manager (if any) of
the person subject to the disability, or, if there be none, any person
appointed by any court possessing jurisdiction in respect of his property,
may make such statement or a statement as nearly corresponding thereto
as circumstances permit, and do such thing in the name and on behalf of
the person subject to the disability.
(2) An
appointment may be made by the court for the purposes of this section
upon the petition of any person acting on behalf of the person subject
to the disability or of any other person interested in the making of the
statement or the doing of the thing.
74A. Security for costs
[Repealed
by the Patents Act, 1970, section 162 and Schedule, w.e.f. 20th April,
1972.]
AGENCY
75. Subscription and verification of certain documents
[Repealed
by the Patents Act, 1970 (39 of 1970), section 162 and Schedule w.e.f.
20th April, 1972.]
76. Agency
(1) An
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 legal practitioner or by or through an agent authorised to the satisfaction
of the Controller.
(2) The
Controller may, if he sees fit, require-
(a) any
such agent to be resident in India;
(b) any
person not residing in India to employ an agent residing in India;
(c) the
personal signature or presence of any applicant or other person.
POWERS,
ETC. OF CENTRAL GOVERNMENT
77. Power of 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 under this Act;
(b) for
classifying goods for the purposes of designs;
(c) for
making or requiring duplicates of drawings and other documents;
(d) for
securing and regulating the publishing and selling of copies, at such
prices and in such manner as the Central Government thinks fit, of drawings
and other documents;
(e) providing
for the inspection of documents in the Patent Office and for the manner
in which they may be published;
(ee) for
the manner in which fees leviable under this Act may be paid;
(f) generally
for regulating the business of the Patent Office, the conduct of proceedings
before the Controller, and all things by this Act placed under the direction
or control of the Controller or of the Central Government; and
(g) generally
for the purpose of carrying into effect the provisions of this Act.
(2) The
power to make rules under this section shall be subject to the condition
of the rules being made after previous publication.
(3) All
rules made under this section shall be published in the Official Gazette,
and on such publication shall have effect as if enacted in this Act.
(4) Every
rule made under this section shall be laid, as soon as may be after it
is made before each House of Parliament, while it is in session, for a
total period of thirty days which may be comprised in one session or in
two or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both Houses
agree that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
OFFENCES
78. Wrongful use of words "Patent Office"
[Repealed
by the Patents Act, 1970, section 162 and Schedule w.e.f. 20th April,
1972.]
RECIPROCAL
ARRANGEMENTS WITH UNITED KINGDOM AND OTHER COMMONWEALTH COUNTRIES
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 any other person, be entitled to claim that the registration of the
said design under this Act shall be in priority to other applicants and
shall have the same date as the date of the application in the United
Kingdom :
PROVIDED
that-
(a) the
application is made within six months from the application for protection
in the United Kingdom; and
(b) nothing
in this section shall entitle the proprietor of the design to recover
damages for infringements happening prior to the actual date on which
the design is registered in India.
(2) The
registration of a design shall not be invalidated by reason only of the
exhibition or use of, or the publication of a description or representation
of, the design in India during the period specified in this section as
that within which the application may be made.
(3) The
application for registration of a design under this section must be made
in the same manner as an ordinary application under this Act.
(4) Where
it is made to appear to the Central Government that the legislature of
any such Commonwealth country as may be notified by the Central Government
in this behalf has made satisfactory provision for the protection of designs
registered in India, the Central Government may, by notification in the
Official Gazette, direct that the provisions of this section, with such
variations or additions, if any, as may be set out in such notification,
shall apply for the protection of designs registered in that Commonwealth
country.
78B. Special provisions relating to applications relevant for defence
purposes
Repealed
by the Patents Act, 1970 (39 of 1970), section 162 and Schedule w.e.f.
20th April, 1972.
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. 20th April, 1972
78D. Consequences of directions under section 78B or section 78C
Repealed
by the Patents Act, 1970, w.e.f. 20th April, 1972.
78E. Contravention of directions under section 78B
[Repealed
by the Patents Act, 1970, w.e.f. 20th April, 1972.
79. Saving for prerogative
Repealed
by the Adaptation of Laws Order, 1950
80. Repeal and saving
(1) If
immediately before-
(i) the
l8th day of April, 1950, in relation to any Part B State other than the
State of Jammu & Kashmir, and
(ii) the
date of commencement of the Jammu Kashmir (Extension of Laws) Act, 1956,
in relation to the State of Jammu Kashmir,
there was
in force in the Part B State concerned and law corresponding to this Act,
that corresponding law shall be deemed to have been repealed on the date
aforesaid :
PROVIDED
that the repeal shall not affect-
(a) the
previous operation of any law so repealed or anything duly done or suffered
thereunder, or
(b) any
right, privilege, obligation or liability acquired, accrued or incurred
under any law so repealed, or
(c) any
penalty, forfeiture or punishment incurred in respect of any offence committed
against any law so repealed, or
(d) any
investigation, legal proceeding or remedy in respect of any such right,
privilege, obligation, liability, penalty, forfeiture or punishment as
aforesaid,
and any
such investigation, legal proceeding or remedy may be instituted, continued
or enforced, and any such penalty, forfeiture or punishment may be imposed,
as if this Act had not come into force in the Part B State concerned :
PROVIDED
FURTHER that, subject to the preceding proviso, anything done or any action
taken, including any patent, permit or licence granted or registration
effected under any such corresponding law shall be deemed to have been
done or taken under the corresponding provision of this Act as now extended
to that State and shall continue to be in force accordingly, unless and
until superseded by anything done or any action taken under this Act.
(2) Nothing
contained in section 6 of the Part B States (Laws) Act, 1951, or section
5 of the Jammu and Kashmir (Extension of Laws) Act, 1956 shall have effect
in relation to this Act.
81. Substitution of patents for rights under repealed Act
[Repealed
by the Repealing and Amending Act, 1920]
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