Intellectual
Property Rights
Designs Act 2000
CHAPTER VI : GENERAL
Fees
24. Fees.
(1) There
shall be paid in respect of the registration of designs and applications
therefor and in respect of other maters relating to designs under this
Act such fees as may be prescribed.
(2) A
proceeding in respect of which a fee is payable under this Act or the
rules made thereunder shall be of no effect unless the fee has been paid.
Provisions
as to registers and other documents in the patent office
25. 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.
26. 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,
scaled 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:
Provided
that where such register is maintained wholly or partly on computer, the
inspection of such register under this section shall be made by inspecting
the computer print out of the relevant entry in the register so maintained
on computer.
27. Privilege of reports of Controller
Reports
of or to the Controller made under this Act other than the report referred
to in section 45 shall not in any case be published or be open to public
inspection.
28. Prohibition and publication of specification, drawings, etc.,
where application abandoned, etc
Where an
application for a design has been abandoned or refused, the application
and any drawings, photographs, tracings, 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.
29. 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 designs.
30. Entry of assignment and transmissions in registers.
(1) Where
a person becomes entitled by assignments, transmission or other operation
of law to the copyright in a registered design, he may make an application
in the prescribed form 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 an application in the prescribed
form 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) For
the purposes of sub-section (1) or sub section (2), an assignment of a
design or of a share in a design, a mortgage, licence or the creation
of any other interest in a design shall not be valid unless the same were
in writing and the agreement between the parties concerned is reduced
to the form of an instrument embodying all the terms and conditions governing
their rights and obligation and the application for registration of title
under such instrument is filed in the prescribed manner with the Controller
within six months from the execution of the instrument or within such
further period not exceeding six months in the aggregate as the Controller
on the application made in the prescribed manner allows:
Provided
that the instrument shall, on entry of its particulars in the register
under sub-section (1) or sub-section (2), have the effect from the date
of its execution.
(4) 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.
(5) Except
in the case of an application made under section 31, 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.
31. 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
of 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 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 to make any
such order canceling the registration of a design as is provided for in
section 19.
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