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DESIGNS ACT, 1911 [REPEALED]

Ministry of Law and Justice

Act nº 2 of 1911


  • Part II
  • Part III
  • Schedules
  • Act nº 2 of 1911

Preamble

THE DESIGNS ACT, 1911

[Act, No.2 of 1911]

[1st March, 1911]

PREAMBLE

An Act to amend the law relating to the protection of1[***] Designs.

WHEREAS it is expedient to amend the law relating to the protection of1[***] designs; It is hereby endacted as follows:--

1. The words "Inventions and" omitted by Act 39 of 1970, section 162 and Schedule (w.e.f. 20-4-1972).


Section 1. Short title, extent and commencement

(1) This Act may he called the1[***] Designs Act, 1911.

2[(2) Itextends3to the whole of India4[***]].

(3) It shall come into force on the first day of January, 1912.

1. The words "Indian Patents and" omitted by Act 39 of 1970, section 162 and Schedule (w.e.f. 20-4-1972).

2. Substituted by Act 32 of 1950, section 3 for the former sub-section.

3. This Act has been extended to-

Goa, Daman And Diu with modifications by Regulation 12 of 1962, section 3 and Schedule; and brought into force in Dadra and Nagar Haveli by Regulation 6 of 1963, section 2 and Schedule 1, with modification 9w.e.f. 1-7-1965); and comes into force in Pondicherry with modifications vide Regulation 7 of 1963, section 3 and Schedule 1 (w.e.f. 1-10-1963); Laccadive, Minicoy and Amindivi Islands vide Regulation 8 of 1965, section 3 and Schedule (w.e.f. 1-10-1967).

4. The words "except the State of Jammu and Kashmir" omitted by Act 62 of 1956, section 2 and Schedule


Section 2. Definitions

In this Act, unless there is anything repugnant in the subject or context:--

1[***]

(2) "article" means2[***] any article of manufacture and any substance, artificial or natural or partly artificial and partly natural;

3[(3) "Controller" means the Controller General of Patents. Designs and Trade Marks appointed under sub-section (1) of section 4 of the Trade and Merchandise Marks Act, 1958 (43 of 1958).;]

(4) "copyright" means the exclusive right to apply a design to any article in any class in which the design is registered ;

4[(5)] "design" means only the features of shape, configuration, pattern or ornament applied to any article 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 any5[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)], or properly mark as defined in section 479 of the Indian Penal Code (45 of I860);]

6[***]

7[7] "High Court" means--

(a) in relation to a State the High Court for that State;

8[(b) in relation to the Union territory of Delhi, the High Court of Delhi;

9[***]

10[(c) in relation to the Union territory of Arunachal Pradesh or Mizoram, the Gauhati High Court, the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura;]

(d) In relation to the Union territory of the Andaman and Nicobar Islands, the High Court at Calcutta; and

(e) in relation to the Union territory of11[Lakshadweep], the High Court of Kerala;]

12[(ee) in relation to the Union territory of Chandigarh, the High Court of Punjab and Haryana;]

13[(f)in relation to the Union territories of Dadra and Nagar Haveli and Goa, Daman and Diu, the High Court at Bombay;]

(g) in relation to the Union territory of Pondicherry, the High Court at Madras.

14[***]

15[***]

(9) "legal representative" means a person who in law represents the estate of a deceased person;

15[***]

16[(12) "patent office" means the patent office referred to in section 74 of the Paients Act. 1970 (39 of 1970) ;]

(13) "prescribed" includes prescribed by rules under this Act; and

(14) "proprietor of a17[new or original] design",--

(a) 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; and

(b) 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

(c) in any other case, means the author of the design; and where the properly in, or the right to apply, the design has devolved from the original proprietor upon any other person, includes that other person.

18[***]

1. Clause (1) omitted by Act 39 of 1970, section 162 and Schedule (w.e.f. 20-4-1972).

2. The words "(as respects designs)" omitted by Act 39 of 1970, section 162 and Schedule (w.e.f. 20-4-1972).

3. Substituted by Act 39 of 1970, section 162 and Schedule, for Clause (3) (w.e.f. 20-4-1972).

4. Substituted by Act 7 of 1930, section 2 for the former clause.

5. Substituted by Act 39 of 1970, section 162 and Schedule for certain words (w.e.f. 20-4-1972).

6. Clause (6) omitted by Act 39 of 1970, section 162 and Schedule (w.e.f. 20-4-1972).

7. Substituted by The Adaptation of Laws (No. 2) Order, 1956, for clause (7). (w.e.f. 1-11-1956).

8. Substituted by the Punjab reorganization and Delihi High Court (Adaptation of Laws on Union Subjects) Order, 1968 for clause (b) (w.e.f.1-11-1976).

9. Sub-clause (bb) omitted by the State of Himachal Pradesh (Adaptation of Laws on Union Subjects) Order, 1973 (w.e.f. 25-1-1971).

10. Substituted by the North Eastern Areas (Reorganisation) (Adaptation of Laws on Union Subjects) Order, 1974 for sub-clause (c) (w.e.f. 21-11-1972)

11. Substituted by The Laccadive, Minicoy and Amindivi Islands (Alternation of Name) (Adaptation of Laws) Order, 1974 (w.e.f. 1-11-1972)

12. Clause (ee) Inserted by the Punjab Reorganisation and Delhi High Court (Adaptation of Laws on Union Subjects) Order, 1968

13. Inserted by Act 39 of 1970, section 162 and Schedule (w.e.f. 20-4-1972).

14. Clause (7A) Inserted by Act 32 of 1950. section 4, was omitted by Act 62 of 1956, section 2 and Schedule

15. Clauses (8), (10) omitted by Act 39 of 1970, section 162 and Schedule (w.e.f. 20-4-1972).1919Clauses (8), (10) omitted by Act 39 of 1970, section 162 and Schedule (w.e.f. 20-4-1972).

16. Substituted by Act 39 of 1970, section 162, and Schedule, for the former clause (w.e.f. 20-4-1972).

17. Substituted by Act 7 of 1930, see. 2, for "new and original".

18. Clause (15) Inserted by the A.O. 1950, omitted by Act 32 of 1950, section 4.


Section 2A. Rule of construction in application of Act to Part B States [Repealed]

1[2A. Rule of construction in application of Act to Part BStates

[Rep. by the Part BStates (Laws) Act. 1951 (3 of 1951). section 3 and Schedule].

1. Inserted by Act 32 of 1950, section 5.


Part I
Patents

[Rep. by the Patents Act, 1970 (39 of 1970) section 162 and Schedule (w.e.f. 20-4-1972)].

Part II

Section 43. Application for registration of designs

(1) The Controller may, on the application of any person claiming to be the proprietor of any new or original design not previously published in1[India], register the design under this Part.

(2) The application must he made in the prescribed form and must he left at the Patent Office in the prescribed manner and must be accompanied by the prescribed fee.

(3) The same design may be registered in more than one class, and, in case of douht as to the class in which a design ought to be registered, the Controller may decide the question.

(4) The Controller may, if he thinks fit, refuse to register any design presented to him for registration, hut any person aggrieved by any such refusal may appeal to the2[Central Government].

(5) An application which, owing to any default or neglect on the part of the applicant, has not been completed so as to enable registration to he effected within the prescribed time shall be deemed to be abandoned.

(6) A design when registered shall be registered as on the date of the application for registration.

1. Substituted by Act 32 of 1950, section 2.

2. Substituted by The A.O. 1937.


Section 44. Registration of designs in new classes

Where a design has been registered in one or more classes of goods, the application of the proprietor of the design to register it in some one or more other classes shall not be refused, nor shall the registration thereof be invalidated--

(a) on the ground of the design not being a1[new or original design], by reason only that it was so previously registered; or

(b) on the ground of the design having been previously published in2[India], by reason only that it has been applied to goods of any class in which it was so previously registered :

3[Provided that such subsequent registration shall not extend the period of copyright in the design beyond that arising from previous registration.]

1. Substituted by Act 7 of 1930. section 23.

2. Substituted by Act 32 of 1950, section 2.

3. Inserted by Act 7 of 1930, section 23.


Section 45. Certificate of registration

(1) The Controller shall grant a certificate of registration to the proprietor of the design when registered.

(2) The Controller may, in case of loss the original certificate, or in any other case in which he deems it expedient, furnish oneor more copies of the certificate.

Section 46. Register of designs

(1) There shall be kept at the Patent Office a book called the Register of Designs, wherein shall be entered the names and addresses of proprietors or registered designs, notifications of assignments and of transmissions of registered designs, and such other matters as may be prescribed.

(2) The register of designs existing at the commencement of this Act shall be incorporated with and form part of the register of designs under this Act.

(3) The register of designs shall be prima facie evidence of any matters by this Act directed or authorized to be entered therein.

Section 47. 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 five years from the date of registration.

(2) If1[***] before the expiration of the said five 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 five years.

(3) If1[***] before the expiration of such second period of five years application for the extension of the period of copyright is made to the Controller in the prescribed manner, the Controller may, subject to any rules under this Act, on payment of the prescribed fee, extend the period of copyright for a third period of five years from the expiration of the second period of five years.

1. The words "within the prescribed time" rep. by Act 12 of 1939, section 11.


Section 48. Requirements before delivery on sales

(1) Before delivery on sale of any articles 10 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 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 the1[Central Government] by or on behalf of any trade or industry that in the interests 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, the1[Central Government] may, if 1[i t] thinks fit, by rules 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 1[i t] thinks fit.

1. Substituted by the A.O. 1937.


Section 49. 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 goods 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.

Section 50. Inspection of registered designs

(1) During the existence of copyright in a design, or such shorter period not being less than two years from the registration of the design as may be prescribed, the design shall not be open to inspection except by the proprietor or a person authorized in writing by him, or a person authorized by the Controller or by the court, and furnishing such information as may enable the Controller to identify the design, and shall not be open to the inspection of any person except in the presence of the Controller, or of an officer acting under him, and on payment of the prescribed fee; and the person making the inspection shall not be entitled to take any copy of the design, or of any part thereof:

Provided that, where registration of a design is refused on the ground of identity with a design already registered, the applicant for registration shall be entitled to inspect the design so registered.

(2) After the expiration of the copyright in a design, or such shorter period as aforesaid, the design shall be open to inspection, and copies thereof may be taken by any person on payment of the prescribed fee.

(3) Different periods may be prescribed under this section for different classes of goods.

Section 51. Information as to existence of copyright

On the request of any person furnishing such information as may enable the Controller to indentify 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 goods, and shall state the date of registration, and the name and address of the registered proprietor.