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Chapter 1. PRELIMINARY

BananaIP Counsels > THE DESIGNS RULES, 2001 > Chapter 1. PRELIMINARY

Chapter 1. PRELIMINARY

 

 

1. Short title andcommencement: –

 

(1) These rules may be called the Designs Rules,2001.

(2) They shall come into force on the date of their publication in the Official Gazette.

 

 

2.Definitions –

 

In these rules, unless there is anything repugnant in the subject orcontext,-

 

  • “Act” means the Designs Act,2000

 

  • “Application in United Kingdom or convention country or group of countries or inter- governmental organisation” means an application made by any person in any part of United Kingdom or convention country or group of countries or inter-governmental organisation, of a design for the protection in India under the provisions of section 44 of theAct.

 

  • “Office” means the Patent Office referred to in section 74 of the Patent Act, 1970 (39 of1970)

 

  • “Reciprocity Application” means an application in India under section 44 of theAct.

 

  • “Set” means a number of articles of the same general character ordinarily sold together or intended to be used together, all bearing the same design, with or without modification not sufficient to alter the character or substantially to affect the identitythereof.

 

 

 

3. Leaving and serving documents. –

 

(1) Any application, notice or other document authorised or required to be filed, left, made or given at the Office, or to the Controller or to any other person under the Act or these rules, may be sent by hand or by a prepaid letter through the post or registered post or speed post or courier service, and, if sent by a prepaid letter or registered post or speed post or courier service, shall be deemed to have been filed, left, made or given at the time when the lettercontaining

 

the same would be delivered in the ordinary course of mail ,and in proving such sending, it shall be sufficient to prove that the letter was properly addressed and mailed. If the documents sent through tele-fax/e-mail, are clear and fully legible, they shall also be accepted provided that original documents corresponding to the one sent by tele-fax/e-mail is submitted to the office within fifteen days from the date of receipt of the documents so faxed/e-mailed.

 

(2) Any written communication addressed to a registered proprietor of a design at his address as it appears on the Register of Designs, or at his address for service, or to any applicant or opponent in any proceedings under the Act or these rules, at the address appearing on the application or notice of opposition,orgivenforservice,ashereinafterprovided,shallbedeemedtobeproperlyaddressed.

 

(3) Any application for registration of design, application for extension of copyright, petition for cancellation of registration of design and application for rectification of Register of Design along with the prescribed fees authorized or required may be filed, left, made or given to the branch offices also by theapplicant.

 

(4) The branch offices shall transmit such applications or documents along with the fees to the Head Office of the Patent Office for processing and prosecuting thesame.

 

 

4. Address for Service. –

 

Every applicant or opponent in any proceeding under the Act or these rules,and every person who shall hereafter become a registered proprietor of a design, shall give an address for service in India and such address may be treated, for all purpose connected with the design as the actual address of such applicant, opponent, registered proprietor. Unless such an address is given, the Controller shall be under no obligation either to proceed with the application or the opposition, or to send any notice that may be required by the Act or rules framed thereunder:

 

Provided that such address for service may include e-mail or digital address of the agent/applicant.

 

5. Fees-

 

(1) The fees to be paid in respect of the registration of designs, and application therefor, and   in respect of other matters, with relation to Designs Act and rules framed there under, shall be those as specified in the First Schedule of therules.

 

(2)

  •  Fees may be paid in cash at the office, or the same may be paid by Cheque or Demand  Draft on a scheduled bank payable to the Controller at Calcutta and if sent through the post or registered post or speed post or courier service shall be deemed to have been paid at the time when properly addressed and prepaid letter containing the cheque would be delivered in the ordinary course ofmail.
  • Cheques or Demand Drafts not carrying the correct amount of commission, and cheques or demand drafts on which the full value specified therein cannot be collected in cash within the timeallowedforpaymentofthefee,shallbeacceptedonlyatthediscretionoftheController.

 

  • Stamps and Indian postal order shall not be accepted in payment offees.

 

  • Subject to the approval of the competent authority any applicant or an agent may deposit money in advance once in a financial year and request the Controller to realise any fee payable by him from the said deposit and in such case date of the receipt of the request to realise the fee or the date on which the request to realise the fee is deemed to have been received, which ever is earlier, shall be taken as date of payment offee:

Provided that the requisite amount of money is available at the credit of the person making the request.

 

6. Forms-

 

(1) The forms set forth in the Second Schedule, with such variations, as the circumstances of each case require, shall be used for the purposes mentionedtherein.

 

(2) When no form is so specified for any purpose, the applicant may adopt any form specified in the Second Schedule with such modification and variation as the controller may permit.

 

 

7. Size, etc., of documents. –

 

(1) All documents and copies of documents except drawings or representation, sent to or filed, left at the Office or otherwise furnished to the Controller shall be written, typewritten, lithographed, or printed in the English/Hindi language (unless otherwise directed), in large and legible character with deep permanent ink upon one side only of strong white paper of A4 size with a margin of at least one inch and a half or four centimeters on the left hand part thereof. Signatures thereto shall be written in a large and legible hand and any signature which is not legible or which is written in a script other than English shall be accompanied by a transcription of the name in English in blockletters.

(2) Additional copies of documents shall be filed at the Office, if at any time required by the

(3) Names and addresses of applicants and other persons shall be given in full together with their nationality and such other particulars, if any, as are necessary foridentification.

 

 

8.Signature and verification of documents specified in sections 5, 12, 19 and 37.

 

The documents specified in sections 5,12,19 and 37 of the Act shall be dated and signed at the foot, and shall contain a statement that the facts and matters stated therein are true to the best of the knowledge, information and belief of the person signingthem.

 

9. Agency

 

For all matters falling under the provisions of section 43 of the Act, applicant may, unless otherwise directed by the Controller, authorize under his personal signature, any person specified in section 43 to act as his agent and to receive all notices, requisitions and communications. The authority may be given in Form-21.

 

10. Classification of Goods.-

 

(1) For the purposes of the registration of designs and of these rules, article shall be classified as specified in the Third Schedulehereto.

(2) If any doubt arises as to the class to which any particular description of article belongs, it shall be determined by the Controller in consultation with the applicant wherever required.

 

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