Intellectual
Property Rights
Designs Act 2000
CHAPTER III : COPYRIGHT IN REGISTERED DESIGNS
11. Copyright on registration.
(1) When
a design is registered, the registered proprietor of the design shall,
subject to the provisions of this Act, have copyright in the design during
ten years from the date of registration.
(2) If,
before the expiration of the said ten years, application for the extension
of the period of copyright is made to the Controller in the prescribed
manner, the Controller shall, on payment of the prescribed fee, extend
the period of copyright for a second period of five years from the expiration
of the original period of ten years.
12. Restoration of lapsed designs.
(1) Where
a design has ceased to have effect by reason of failure to pay the fee
for the extension of copyright under sub-section (2) of section 11, the
proprietor of such design or his legal representative and where the design
was held by two or more persons jointly, then, with the leave of the Controller
one or more of them without joining the others, may, within one year from
the date on which the design ceased to have effect, make an application
for the restoration of the design in the prescribed manner on payment
of such fee as may be prescribed.
(2) An
application under this section shall contain a statement, verified in
the prescribed manner, fully setting out the circumstances which led to
the failure to pay the prescribed fee, and the Controller may require
from the applicant such further evidence as he may think necessary.
13. Procedure for disposal of applications for restoration of
lapsed designs.
(1) If,
after hearing the applicant in cases where the applicant so desires or
the Controller thinks fit, the Controller is satisfied that the failure
to pay the fee for extension of the period of copyright was unintentional
and that there has been no undue delay in the making of the application,
the Controller shall upon payment of any unpaid fee for extension of the
period of copyright together with prescribed additional fee restore the
registration of design.
(2) The
Controller may, if he thinks fit as a condition of restoring the design,
require that any entry shall be made in the register of any document or
matter which under the provisions of this Act, has to be entered in the
register but which has not been so entered.
14. Rights of proprietor of lapsed design which have been restored.
(1) Where
the registration of a design is restored, the rights of the registered
proprietor shall be subject to such provisions as may be prescribed and
to such other provisions as the Controller thinks fit to impose for the
protection or compensation of persons who may have begun to avail themselves
of, or have taken definite steps by contract or otherwise to avail themselves
of, the benefit of applying the design between the date when the registration
of the design ceased to have effect and the date of restoration of the
registration of the design.
(2) No
suit or other proceeding shall be commenced in respect of piracy of a
registered design or infringement of the copyright in such design committed
between the date on which the registration of the design ceased to have
effect and the date of the restoration of the design.
15. Requirements before delivery on sales.
(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 furnished 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) cause
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.
16. Effect of disclosure on copyright.
The disclosure
of a design by the proprietor to any other person, in such circumstances
as would make it contrary to good faith for that other person to use or
publish the design, and the disclosure of a design in breach of good faith
by any person, other than the proprietor of the design, and the acceptance
of a first and confidential order for articles bearing a new or original
textile design intended for registration, shall not be deemed to be a
publication of the design sufficient to invalidate the copyright thereof
if registration thereof is obtained subsequently to the disclosure or
acceptance.
17. Inspection of registered designs.
(1) During
the existence of copyright in a design, any person on furnishing such
information as may enable the Controller to identify the design and on
payment of the prescribed fee may inspect the design in the prescribed
manner.
(2) Any
person may, on an application to the Controller and on payment of such
fee as may be prescribed, obtain a certified copy of any registered design.
18. Information as to existence of copyright.
On the
request of any person furnishing such information as may enable the Controller
to identify the design, and on payment of the prescribed fee, the Controller
shall inform such person whether the registration still exists in respect
of the design, and, if so, in respect of what classes of articles, and
shall state the date of registration, and the name and address of the
registered proprietor.
19. Cancellation of registration.
(1) Any
person interested may present a petition for the cancellation of the registration
of a design at any time after the registration of the design, to the Controller
on any of the following grounds, namely:-
(a) that
the design has been previously registered in India; or
(b) that
it has been published in India or in any other country prior to the date
of registration; or
(c) that
the design is not a new or original design; or
(d) that
the design is not registrable under this Act; or
(e) that
it is not a design as defined under clause (d) of section 2.
(2) An
appeal shall lie from any order of the Controller under this section to
the High Court, and the Controller may at any time refer any such petition
to the High Court, and the High Court shall decide any petition so referred.
20. Designs to bind Government.
A registered
design shall have to all intents the like effect as against the Government
as it has against any person and the provisions of Chapter XVII of the
Patents Act, 1970 shall apply to registered designs as they apply to patents.
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