Intellectual
Property Rights
Designs Act 2000
CHAPTER X : POWERS, ETC., OF CENTRAL GOVERNMENT
44. Reciprocal arrangement with the United Kingdom and other convention
countries or group of countries or inter-governmental organisations
(1) Any person who has
applied for protection for any design in the United Kingdom or any of
other convention countries or group of countries or countries which are
members of inter-governmental organisations, 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 or any of such other convention
countries or group of countries or countries which are members of inter-governmental
organisations, as the case may be:
Provided that-
(a) the application is
made within six months from the application for protection in the United
Kingdom or any such other convention countries or group of countries or
countries which are members of inter-governmental organisations, as the
case may be; and
(b) nothing in this section
shall entitle the proprietor of the design to recover damages for piracy
of design 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 has been 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 the United
Kingdom or any such other convention country or a country which is member
of any group of countries or inter-governmental organisation 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 the United Kingdom or that other convention country
or such country which is member of any group of countries or inter-governmental
organisation, as the case may be.
Explanation 1.-For the
purposes of this section, the expression "convention countries",
"group of countries" or "inter-governmental organisation"
means, respectively, such countries, group of countries or inter-governmental
organisation to which the Paris Convention for Protection of Industrial
Property, 1883 as revised at Stockholm in 1967 and as amended in 1979
or the Final Act, embodying the results of the Uruguay Round of Multilateral
Trade Negotiations, provided for the establishment of World Trade Organisation
applies.
Explanation
2.-Where more than one application for protection referred to in sub-section
(1) has been made for similar protections in the United Kingdom or one
or more convention countries, group of countries or countries which are
members of inter-governmental organisations, the period of six months
referred to in clause (a) of that sub-section shall be reckoned from the
date of which the earlier or the earliest application, as the case may
be, of such applications has been made.
45. Report of the Controller to be placed before Parliament
The Central
Government shall cause to be placed before both Houses of Parliament once
a year a report respecting the execution of this Act by or under the Controller.
46. Protection of security of India
Notwithstanding
anything contained in this Act, the Controller shall-
(a) not disclose any
information relating to the registration of a design or any application
relating to the registration of a design under this Act, which he considers
prejudicial to the interest of the security of India; and
(b) take any action regarding
the cancellation of registration of such designs registered under this
Act which the Central Government may, by notification in the Official
Gazette, specify in the interest of the security of India.
Explanation.-For
the purposes of this section, the expression "security of India"
means any action necessary for the security of Indian which relates to
the application of any design registered under this Act to any article
used for war or applied directly or indirectly for the purposes of military
establishment or for the purposes of war or other emergency in international
relations.
47. Power of Central Government to make rules
(1) The
Central Government may, by notification in the Official Gazette, make
rules for carrying out the provisions of this Act.
(2) In particular, and
without prejudice to the generality of the foregoing power, such rules
may provide for all or any of the following matters, namely:-
(a) the form of application
for registration of design, the manner of filing it at the patent office
and the fee which shall accompany it, under sub-section (2) of section
5;
(b) the time within which
the registration is to be effected under sub-section (5) of section 5;
(c) the classification
of articles for registration under sub-section (1) of section 6;
(d) the particulars of
design to be published and the manner of their publication under section
7;
(e) the manner of making
claim under sub-section (1) of section 8;
(f) the manner of making
applications to the Controller under sub-section (5) of section 8;
(g) the additional matters
required to be entered in the register of designs and the safeguards to
be made in maintaining such register in computer floppies or diskettes
under sub-section (1) of section 10;
(h) the manner of making
application and fee to be paid for extension of the period of copyright
under and the fee payable thereto, sub-section (2) of section 11;
(i) the manner of making
application for restoration of design and the fee to be paid with it under
sub-section (1) of section 12;
(j) the manner of verification
of statement contained in an application under sub-section (2) of section
12;
(k) the additional fee
to be paid for restoration of the registration of design under sub-section
(1) of section 13;
(l) the provisions subject
to which the right of the registered proprietor shall be under sub-section
(1) of section 14.
(m) the number of exact
representation or specimen of the design to be furnished to the Controller
under clause (a) of sub-section (1) of section 15;
(n) the mark, words or
figures with which the article is to be marked denoting that the design
is registered under clause (b) of sub-section (1) of section 15;
(o) the rules to dispense
with or modify as regards any class or description of articles and any
of the requirements of section 15 as to marking under sub-section (2)
of that section;
(p) the fee to be paid
for and the manner of inspection under sub-section (1) of section 17;
(q) the fee to be paid
to obtain a certified copy of any design under sub-section (2) of section
17;
(r) the fee on payment
of which the Controller shall inform under section 18;
(s) the form for giving
notice to the controller under clause (a) of the provisio to section 21;
(t) the fee to be paid
in respect of the registration of designs and application therefor, and
in respect of other matters relating to designs under sub-section (1)
of section 24;
(u) the fee to be paid
for giving certified copy of any entry in the register under section 26;
(v) the fee to be accompanied
with the requests in writing for correcting any clerical error under section
29;
(w) the form in which
an application for registration as proprietor shall be made and the manner
in which the Controller shall cause an entry to be made in the register
of the assignment, transmission or other instrument effecting the title
under sub-section (1) of section 30;
(x) the form in which
an application for title shall be made and the manner in which the Controller
shall cause notice of the interest to be entered in the register of designs
with particulars of the instrument, if any, creating such interest under
sub-section (2) of section 30;
(y) the manner of filing
an application for registration and for making application for extension
of time as referred to in sub-section (3) of section 30;
(z) the manner of making
application to the Controller for rectification of register under sub-section
(1) of section 31;
(za) the manner in which
the notice of rectification shall be served on the Controller under sub-section
(4) of section 31;
(zb) the rules regulating
the proceedings before the Controller under section 32;
(zc) the time which shall
be granted to the applicants for being heard by the Controller under section
33;
(zd) the fee to be accompanied
with an appeal under sub-section (1) of section 36;
(ze) any other matter
which is required to be, or may be, prescribed.
(3) The power to make
rules under this section shall be subject to the conditions of the rules
being made after previous publication.
(4) Every rule made under
this Act 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 Act.
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