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Chapter 6. REGISTER OF DESIGN

BananaIP Counsels > THE DESIGNS RULES, 2001 > Chapter 6. REGISTER OF DESIGN

Chapter 6. REGISTER OF DESIGN

 

 

30.Registering designs.-

 

  •  When a design is accepted, there shall be entered in the Register of Design, in addition to the particulars required by the Act, the number of the design, the class in which it is registered, the date of filling the application for registration in this country, the reciprocity date, if any, claim for the registration, and such other matters as would effect the validity or proprietorship of the

 

  • When such Register of Design is maintained wholly or partly on computerunder floppies or diskettes, such computer floppies or diskettes shall be maintainedunder superintendence and control of Controller and in case of any dispute or doubt with regard to information of designs, the information as contained in the backup file or master file shall befinal.
  • Where the accepted design is one in respect of which a reciprocity date has been allowed, the registration, the extension or the expiration of the copyright in the said design shall be reckoned from such reciprocitydate.

 

31. Alteration of address.-

 

A proprietor of a registered design may make a request in Form 22 to the Controller for alteration of his name, or address, or addresses for service, in the Register of Design. The Controller may require such proof of alteration so requested as he may think fit before acting on the request and on satisfaction, the Controller shall cause the Register to be alteredaccordingly.

 

 

32. Registration of documents under sub-section (3) of section 30.-

 

An application referred to in sub- section (3) of section 30 shall be made in Form-

 

33. Application for entry of subsequent proprietorship.-

 

An application referred to in sub-section (1) or (2) of the section 30 shall be made to the Controller in Form 11 or 12 or 13 as the case maybe.

 

 

 

34. Particulars in applications.-

 

An application under rule 33 shall contain the name, address and nationality of the person claiming to be entitled, together with full particulars of the instrument, if any, under which heclaims.

 

 

35. Production of documents of title and other proof.-

 

Every assignment, and every other document containing, giving effect to or being evidence of the transmission of copyright in a registered design or affecting the proprietorship thereof or creating an interest therein as claimed in application under rule 33 shall unless the Controller otherwise directs, be presented to him either in original, or notarially certified true copy together with the application and he may call for such other proof of title or written consent as he may require for hissatisfaction:

 

Provided that in the case of a document which is a public document, an official or certified copy thereof may be presented.

 

 

36. Form of entry.-

 

The entry to be made in the Register on request under rule 34 shall be in the following form:-

“In pursuance of an application received on the

[…………………………………………………………] Registeredas              Proprietors

Licensees Mortgageesetc.

By virtue of AssignmentLicenceMortgagedeed etc.

dated                            and madebetween                          

of the one partand                     

of the other part.

 

 

37. Entry of notification of documents.-

 

An application for entry in the Register of Design of notification of any document (not already provided for), purporting to affect the proprietorship of a registered design, shall be accompanied by an attested copy of the document, the accuracy of such copy being certified as the Controller may direct, and the original or notarially certified true copy of the document shall at the same time be produced and left at the Office if required for further verification.

 

38. Hours of inspection of Register.-

 

The Register of Designs shall be open to the inspection of the public at all times on which the Office is open to the public, except at times when they are required for actual officialuse.

 

39. Rectification of Register.-

 

If an application is made for the rectification of the Register of Design under section 31 of the Act, the Controller shall notify all persons whose names, at the time of the application are entered on the Register as claiming an interest in the design, and shall advertise the application in the OfficialGazette.

 

40. Opposition to rectification.-

 

  • Notice of opposition to any rectification of the Register of Design may be given within three months of the advertisement of the application forrectification.
  • The opponent shall, within fourteen days of giving notice of opposition, leave at the office his written statement in duplicate setting out the nature of his interest, the facts upon which he bases his opposition and the relief, which heseeks.
  • The Controller shall furnish the applicant with a copy each of the notice of opposition and the
  • The procedure specified in sub-rules (4) to (13) for rule 29 relating to leaving evidence and hearing shall, so far as may be, apply to the hearing of the application under section 31 as they apply to the hearing of a petition under section19.

 

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