The Designs Act, 2000

{
    "id": 11627,
    "slug": "designs-act-2000",
    "title": "The Designs Act, 2000",
    "short_title": "The Designs Act, 2000",
    "act_number": "(16 OF 2000)",
    "act_year": 2000,
    "act_type": "CENTRAL",
    "location": "India (Central)",
    "law_status": "unknown",
    "enactment_date": "2026-05-25",
    "description": "The Designs Act, 2000",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "CHAPTER I",
            "chapter": "CHAPTER I",
            "content": "Preliminary",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "1",
            "title": "1. Short title, extent and commencement.",
            "chapter": null,
            "content": "Object & Reasons▼\nStatement of Objects and Reasons.\n(a) it enlarges to scope of definition of \"article\" and \"design\" and introduces definition of \"original\";\n(b) it amplifies the scope of \"prior publication\";\n(c) it incorporates the provisions for delegation of powers of the Controller to other officers and duties of examiners;\n(d) it contains provisions for identification of non-registrable designs;\n(e) it contains provision for substitution of application before registration of a design;\n(f) it introduces internationally followed system of classification in the place of Indian classification;\n(g) it contains provision for maintaining the Register of designs on computer;\n(h) it contains provision for restoration of lapsed designs;\n(i) it contains provision for appeal against order of the Controller before the High Court instead of Central Government as existing;\n(j) it revokes the period of secrecy of two years of a registered design;\n(k) it provides for compulsory registration of any document for transfer of right in the registered design;\n(l) it introduces additional grounds in cancellation proceedings and makes provision for initiating the cancellation proceedings before the Controller in place of High Court;\n(m) it enhances the quantum of penalty imposed for infringement of registered design;\n(n) it contains provisions for grounds of cancellation to be taken as defence in the infringement proceedings to be initiated in any Court not below the Court of the District Judge;\n(o) it enhances initial period of registration from 5 to 10 years, to be followed by a further extension of a period of five years;\n(p) it contains provisions for allowing of priority to other convention countries and countries belonging to the group of countries or inter-governmental organisations apart from United Kingdom and other Commonwealth countries;\n(q) it contains provisions for avoidance of certain restrictive conditions for the control of anti-competitive practices in contractual licences;\n(r) it contains specific provisions to protect the security of India.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "2",
            "title": "2. Definitions.",
            "chapter": null,
            "content": "(a) \"article\" means any article of manufacture and any substance, artificial, or partly artificial and partly natural; and includes any part of an article capable of being made and sold separately;\n(b) \"Controller\" means the Controller-General of Patents, Designs and Trade Marks referred to in section 3;\n(c) \"copyright\" means the exclusive right to apply a design to any article in any class in which the design is registered;\n(d) \"design\" means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device, and does not include any trade mark as defined in clause (v) of sub-section (1) of section 2 of the [Trade and Merchandise Marks Act, 1958 (43 of 1958)]\n(e) \"High Court\" shall have the same meaning as assigned to it in clause (i) of section 2 of the Patents Act, 1970 (39 of 1970);\n(f) \"legal representative\" means a person who in law represents the estate of a deceased person;\n(g) \"original\", in relation to a design, means originating from the author of such design and includes the cases which though old in themselves yet are new in their application;\n(h) \"patent office\" means the patent office referred to in section 74 of the Patents Act, 1970 (39 of 1970);\n(i) \"prescribed\" means prescribed by rules made under this Act;\n(j) \"proprietor of a new or original design\",-\n(i) where the author of the design, for good consideration, executes the work for some other person, means the person for whom the design is so executed;\n(ii) where any person acquires the design or the right to apply the design to any article, either exclusively of any other person or otherwise, means, in the respect and to the extent in and to which the design or right has been so acquired, the person by whom the design or right is so acquired; and\n(iii) in any other case, means the author of the design; and where the property in or the right to apply, the design has devolved from the original proprietor upon any other person, includes that other person.",
            "footnote": "",
            "is_definition": true,
            "sort_order": 2
        },
        {
            "number": "4",
            "title": "CHAPTER II",
            "chapter": "CHAPTER II",
            "content": "Registration Of Designs",
            "footnote": "",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "3",
            "title": "3. Controller and other officers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "4",
            "title": "4. Prohibition of registration of certain designs.",
            "chapter": null,
            "content": "(a) is not new or original; or\n(b) has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority date of the application for registration; or\n(c) is not significantly distinguishable from known designs or combination of known designs; or\n(d) comprises or contains scandalous or obscene matter, shall not be registered.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "5",
            "title": "5. Application for registration of designs.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "6",
            "title": "6. Registration to be in respect of particular article.",
            "chapter": null,
            "content": "(a) on the ground of the design not being a new or original design, by reason only that it was so previously registered; or\n(b) on the ground of the design having been previously published in India or in any other country, by reason only that it has been applied to article in respect of which it was previously registered:\n(a) that design has been previously registered by another person in respect of some other article; or\n(b) the design to which the application relates consists of a design previously registered by another person in respect of the same or some other article with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, then, if at any time while the application is pending the applicant becomes the registered proprietor of the design previously registered, the foregoing provisions of this section shall apply as if at the time of making the application, the applicant had been the registered proprietor of that design.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "7",
            "title": "7. Publication of particulars of registered designs.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "8",
            "title": "8. Power of Controller to make orders regarding substitution of application, etc.",
            "chapter": null,
            "content": "(a) the design is identified therein by reference to the number of the application for the registration; or\n(b) there is produced to the Controller an acknowledgement by the person by whom the assignment or agreement was made that the assignment or agreement relates to the design in respect of which that application is made; or\n(c) the rights of the claimant in respect of the design have been finally established by the decision of a Court; or\n(d) the Controller gives directions for enabling the application to proceed or for regulating the manner in which it should be proceeded with under sub-section (5).",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        },
        {
            "number": "9",
            "title": "9. Certificate of registration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "10",
            "title": "10. Register of designs.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 11
        },
        {
            "number": "13",
            "title": "CHAPTER III",
            "chapter": "CHAPTER III",
            "content": "Copyright In Registered Designs",
            "footnote": "",
            "is_definition": false,
            "sort_order": 12
        },
        {
            "number": "11",
            "title": "11. Copyright on registration.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 13
        },
        {
            "number": "12",
            "title": "12. Restoration of lapsed designs.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 14
        },
        {
            "number": "13",
            "title": "13. Procedure for disposal of applications for restoration of lapsed designs.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 15
        },
        {
            "number": "14",
            "title": "14. Rights of proprietor of lapsed design which have been restored.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 16
        },
        {
            "number": "15",
            "title": "15. Requirements before delivery on sales.",
            "chapter": null,
            "content": "(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\n(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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 17
        },
        {
            "number": "16",
            "title": "16. Effect of disclosure on copyright.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 18
        },
        {
            "number": "17",
            "title": "17. Inspection of registered designs.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 19
        },
        {
            "number": "18",
            "title": "18. Information as to existence of copyright.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "19",
            "title": "19. Cancellation of registration.",
            "chapter": null,
            "content": "(a) that the design has been previously registered in India; or\n(b) that it has been published in India or in any other country prior to the date of registration; or\n(c) that the design is not a new or original design; or\n(d) that the design is not registrable under this Act; or\n(e) that it is not a design as defined under clause (d) of section 2.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 21
        },
        {
            "number": "20",
            "title": "20. Designs to bind Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 22
        },
        {
            "number": "24",
            "title": "CHAPTER IV",
            "chapter": "CHAPTER IV",
            "content": "Industrial And International Exhibitions",
            "footnote": "",
            "is_definition": false,
            "sort_order": 23
        },
        {
            "number": "21",
            "title": "21. Provisions as to exhibitions.",
            "chapter": null,
            "content": "(a) the exhibitor exhibiting the design or article, or publishing a description of the design, gives to the Controller previous notice in the prescribed form; and\n(b) the application for registration is made within six months from the date of first exhibiting the design or article or publishing a description of the design.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 24
        },
        {
            "number": "26",
            "title": "CHAPTER V",
            "chapter": "CHAPTER V",
            "content": "Legal Proceedings",
            "footnote": "",
            "is_definition": false,
            "sort_order": 25
        },
        {
            "number": "22",
            "title": "22. Piracy of registered design.",
            "chapter": null,
            "content": "(a) for the purpose of sale to apply or cause to be applied to any article in any class of articles in which the design is registered, the design or any fraudulent or obvious imitation thereof, except with the licence or written consent of the registered proprietor, or to do anything with a view to enable the design to be so applied; or\n(b) to import for the purposes of sale, without the consent of the registered proprietor, any article belonging to the class in which the design has been registered, and having applied to it the design or any fraudulent or obvious imitation thereof; or\n(c) knowing that the design or any fraudulent or obvious imitation thereof has been applied to any article in any class of articles in which the design is registered without the consent of the registered proprietor, to publish or expose or cause to be published or exposed for sale that article.\n(a) to pay to the registered proprietor of the design a sum not exceeding twenty-five thousand rupees recoverable as a contract debt, or\n(b) if the proprietor elects to bring a suit for the recovery of damages for any such contravention, and for an injunction against the repetition thereof, to pay such damages as may be awarded and to be restrained by injunction accordingly:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 26
        },
        {
            "number": "23",
            "title": "23. Application of certain provisions of the Act as to patents to designs.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 27
        },
        {
            "number": "29",
            "title": "CHAPTER VI",
            "chapter": "CHAPTER VI",
            "content": "General",
            "footnote": "",
            "is_definition": false,
            "sort_order": 28
        },
        {
            "number": "24",
            "title": "24. Fees.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 29
        },
        {
            "number": "25",
            "title": "25. Notice of trust not to be entered in registers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "26",
            "title": "26. Inspection of and extracts from registers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 31
        },
        {
            "number": "27",
            "title": "27. Privilege of reports of Controller.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 32
        },
        {
            "number": "28",
            "title": "28. Prohibition and publication of specification, drawings, etc., where application is abandoned, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 33
        },
        {
            "number": "29",
            "title": "29. Power of Controller to correct clerical errors.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 34
        },
        {
            "number": "30",
            "title": "30. Entry of assignment and transmissions in registers.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 35
        },
        {
            "number": "31",
            "title": "31. Rectification of register.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 36
        },
        {
            "number": "38",
            "title": "CHAPTER VII",
            "chapter": "CHAPTER VII",
            "content": "Powers And Duties Of Controller",
            "footnote": "",
            "is_definition": false,
            "sort_order": 37
        },
        {
            "number": "32",
            "title": "32. Powers of Controller in proceedings under Act.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 38
        },
        {
            "number": "33",
            "title": "33. Exercise of discretionary power by Controller.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 39
        },
        {
            "number": "34",
            "title": "34. Power of Controller to take directions of the Central Government.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "35",
            "title": "35. Refusal to register a design in certain cases.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 41
        },
        {
            "number": "36",
            "title": "36. Appeals to the High Court.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 42
        },
        {
            "number": "44",
            "title": "CHAPTER VIII",
            "chapter": "CHAPTER VIII",
            "content": "Evidence, Etc.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 43
        },
        {
            "number": "37",
            "title": "37. Evidence before the Controller.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 44
        },
        {
            "number": "38",
            "title": "38. Certificate of Controller to be evidence.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 45
        },
        {
            "number": "39",
            "title": "39. Evidence of documents in patent office.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 46
        },
        {
            "number": "40",
            "title": "40. Applications and notices by post.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 47
        },
        {
            "number": "41",
            "title": "41. Declaration by infant, lunatic, etc.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 48
        },
        {
            "number": "42",
            "title": "42. Avoidance of certain restrictive conditions.",
            "chapter": null,
            "content": "(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\n(ii) in a licence to manufacture or use an article in respect of which a design is registered; or\n(iii) in a licence to package the article in respect of which a design is registered, condition the effect of which may be-\n(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\n(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.\n(a) affect a condition in a contract by which a person is prohibited from selling goods other than those of a particular person;\n(b) validate a contract which, but for this section, would be invalid;\n(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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 49
        },
        {
            "number": "51",
            "title": "CHAPTER IX",
            "chapter": "CHAPTER IX",
            "content": "Agency",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "43",
            "title": "43. Agency.",
            "chapter": null,
            "content": "(a) any such agent to be resident in India;\n(b) any person not residing in India to employ an agent residing in India;\n(c) the personal signature or presence of any applicant or other person.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 51
        },
        {
            "number": "53",
            "title": "CHAPTER X",
            "chapter": "CHAPTER X",
            "content": "Powers, Etc., Of Central Government",
            "footnote": "",
            "is_definition": false,
            "sort_order": 52
        },
        {
            "number": "44",
            "title": "44. Reciprocal arrangement with the United Kingdom and other convention countries or group of countries or inter-governmental organisations.",
            "chapter": null,
            "content": "(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\n(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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 53
        },
        {
            "number": "45",
            "title": "45. Report of the Controller to be placed before Parliament.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 54
        },
        {
            "number": "46",
            "title": "46. Protection of security of India.",
            "chapter": null,
            "content": "(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\n(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.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 55
        },
        {
            "number": "47",
            "title": "47. Power of Central Government to make rules.",
            "chapter": null,
            "content": "(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;\n(b) the time within which the registration is to be effected under sub-section (5) of section 5;\n(c) the classification of articles for registration under sub-section (1) of section 6;\n(d) the particulars of design to be published and the manner of their publication under section 7;\n(e) the manner of making claim under sub-section (1) of section 8;\n(f) the manner of making applications to the Controller under sub-section (5) of section 8;\n(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;\n(h) the manner of making application and fee to be paid for extension of the period of copyright and the fee payable thereto, under sub-section (2) of section 11;\n(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;\n(j) the manner of verification of statement contained in an application under sub-section (2) of section 12;\n(k) the additional fee to be paid for restoration of the registration of design under sub-section (1) of section 13;\n(l) the provisions subject to which the right of the registered proprietor shall be under sub-section (1) of section 14;\n(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(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;\n(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 ;\n(p) the fee to be paid for and the manner of inspection under sub-section (1) of section 17;\n(q) the fee to be paid to obtain a certified copy of any design under sub-section (2) of section 17;\n(r) the fee on payment of which the Controller shall inform under section 18;\n(s) the form for giving notice to the Controller under clause (a) of the proviso to section 21;\n(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;\n(u) the fee to be paid for giving certified copy of any entry in the register under section 26;\n(v) the fee to be accompanied with the requests in writing for correcting any clerical error under section 29;\n(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;\n(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;\n(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;\n(z) the manner of making application to the Controller for rectification of register under sub-section (1) of section 31;\n(z-a) the manner in which the notice of rectification shall be served on the Controller under sub-section (4) of section 31;\n(z-b) the rules regulating the proceedings before the Controller under section 32;\n(z-c) the time which shall be granted to the applicants for being heard by the Controller under section 33;\n(z-d) the fee to be accompanied with an appeal under sub-section (1) of section 36;\n(z-e) any other matter which is required to be, or may be, prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 56
        },
        {
            "number": "58",
            "title": "CHAPTER XI",
            "chapter": "CHAPTER XI",
            "content": "Repeal And Savings",
            "footnote": "",
            "is_definition": false,
            "sort_order": 57
        },
        {
            "number": "48",
            "title": "48. Repeal and savings.",
            "chapter": null,
            "content": "",
            "footnote": "",
            "is_definition": false,
            "sort_order": 58
        }
    ],
    "metadata": {
        "Act ID": "7/430",
        "Act Number": "(16 OF 2000)",
        "Enactment Date": "25th May, 2000",
        "Act Year": "2000",
        "Short Title": "The Designs Act, 2000",
        "Type": "CENTRAL",
        "Location": "India (Central)"
    },
    "updated_at": "2026-09-29 21:51:50"
}