43. Agency.—
(1) All applications and communications to the Controller under this Act may be
signed by, and all attendances upon the Controller may be made by or through a legal practitioner or by or
through an agent whose name and address had been entered in the register of patent agents maintained
under section 125 of the Patents Act, 1970 (39 of 1970).
(2) The Controller may, if he sees fit, require—
(a) any such agent to be resident in India;
(b) any person not residing in India to employ an agent residing in India;
(c) the personal signature or presence of any applicant or other person.
CHAPTER X
POWERS, ETC., OF CENTRAL GOVERNMENT
44. Reciprocal arrangement with the United Kingdom and other convention countries or group
of countries of inter-governmental organisations.—
(1) Any person who has applied for protection for
any design in the United Kingdom or any of other convention countries or group of countries or countries
which are members of inter-governmental organisations, or his legal representative or assignee shall,
either alone or jointly with any other person, be entitled to claim that the registration of the said design
under this Act shall be in priority to other applicants and shall have the same date as the date of the
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application in the United Kingdom or any of such other convention countries or group of countries or
countries which are members of inter-governmental organisations, as the case may be:
Provided that —
(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
(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.
(2) The registration of a design shall not be invalidated by reason only of the exhibition or use of or
the publication of a description or representation of the design in India during the period specified in this
section as that within which the application may be made.
(3) The application for registration of a design under this section has been made in the same manner
as an ordinary application under this Act.
(4) Where it is made to appear to the Central Government that the legislature of the United Kingdom
or any such other convention country or a country which is member of any group of countries or inter-
governmental organisation as may be notified by the Central Government in this behalf has made
satisfactory provision for the protection of designs registered in India, the Central Government may, by
notification in the Official Gazette, direct that the provisions of this section, with such variations or
additions, if any, as may be set out in such notification, shall apply for the protection of designs registered
in the United Kingdom or that other convention country or such country which is member of any group of
countries or inter-governmental organisation, as the case may be.
Explanation 1.—For the purposes of this section, the expression “convention countries”, “group of
countries” or “inter-governmental organisation” means, respectively, such countries, group of countries or
inter-governmental organisation to which the Paris Convention for Protection of Industrial Property, 1883
as revised at Stockholm in 1967 and as amended in 1979 or the Final Act, embodying the results of the
Uruguay Round of Multilateral Trade Negotiations, provided for the establishment of World Trade
Organisation applies.
Explanation 2.—Where more than one application for protection referred to in sub-section
(1) has
been made for similar protections in the United Kingdom or one or more convention countries, group of
countries or countries which are members of inter-governmental organisations, the period of six months
referred to in clause
(a) of that sub-section shall be reckoned from the date of which the earlier or the
earliest application, as the case may be, of such applications has been made.
45. Report of the Controller to be placed before Parliament.—The Central Government shall
cause to be placed before both Houses of Parliament once a year a report respecting the execution of this
Act by or under the Controller.
46. Protection of security of India.—Notwithstanding anything contained in this Act, the Controller
shall—
(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
(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.
Explanation.—For the purposes of this section, the expression “security of India” means any action
necessary for the security of India which relates to the application of any design registered under this Act
to any article used for war or applied directly or indirectly for the purposes of military establishment or
for the purposes of war or other emergency in international relations.
47. Power of Central Government to make rules.—
(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the purposes of this Act.
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(2) In particular, and without prejudice to the generally of the forgoing power, such rules may provide
for all or any of the following matters, namely:—
(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;
(b) the time within which the registration is to be effected under sub-section
(5) of section 5;
(c) the classification of articles for registration under sub-section
(1) of section 6;
(d) the particulars of design to be published and the manner of their publication under section 7;
(e) the manner of making claim under sub-section
(1) of section 8;
(f) the manner of making applications to the Controller under sub-section
(5) of section 8;
(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;
(h) the manner of making application and fee to be paid for extension of the period of copyright
under and the fee payable thereto, sub-section
(2) of section 11;
(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;
(j) the manner of verification of statement contained in an application under sub-section
(2) of
section 12;
(k) the additional fee to be paid for restoration of the registration of design under sub-section
(1)
of section 13;
(l) the provisions subject to which the right of the registered proprietor shall be under
sub-section
(1) of section 14;
(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) 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;
(o) the rules to dispense with or modify as regards any class or description of articles any of the
requirements of section 15 as to marking under sub-section
(2) of that section;
(p) the fee to be paid for and the manner of inspection under sub-section
(1) of section 17;
(q) the fee to be paid to obtain a certified copy of any design under sub-section
(2) of section 17;
(r) the fee on payment of which the Controller shall inform under section 18;
(s) the form for giving notice to the controller under clause
(a) of the proviso to section 21;
(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;
(u) the fee to be paid for giving certified copy of any entry in the register under section 26;
(v) the fee to be accompanied with the request in writing for correcting any clerical error under
section 29;
(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 instruments effecting the title under sub-section
(1) of section 30;
(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;
(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;
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(z) the manner of making application to the Controller for rectification of register under
sub-section
(1) of section 31;
(za) the manner in which the notice of rectification shall be served on the Controller under
sub-section
(4) of section 31;
(zb) the rules regulating the proceedings before the Controller under section 32;
(zc) the time which shall be granted to the applicants for being heard by the Controller under
section 33;
(zd) the fee to be accompanied with an appeal under sub-section
(1) of section 36;
(ze) any other matter which is required to be, or may be, prescribed.
(3) The power to make rules under this section shall be subject to the conditions of the rules being
made after previous publication.
(4) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House
of Parliament, while it is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the session immediately
following the session or the successive sessions aforesaid, both Houses agree in making any modification
in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only
in such modified form or be of no effect, as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything previously done under that Act.
CHAPTER XI
REPEAL AND SAVING
48. Repeal and savings.—
(1) The Designs Act, 1911 (2 of 1911) is hereby repealed.
(2) Without prejudice to the provisions contained in the General Clauses Act, 1897 (10 of 1897) with
respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decision,
determination, direction, approval, authorisation, consent, application, request or thing made, issued,
given or done under the Designs Act, 1911 (2 of 1911), shall, in force at the commencement of this Act,
continue to be in force and have effect as if made, issued, given or done under the corresponding
provisions of this Act.
(3) The provisions of this Act shall apply to all applications for registration of designs pending at the
commencement of this Act and to any proceedings consequent thereon and to any registration granted in
pursuance thereof.
(4) Notwithstanding anything contained in this Act, any proceeding pending in any court at the
commencement of this Act may be continued in that court as if this Act has not been passed.
(5) Notwithstanding anything contained in sub-section
(2), the date of expiration of the copyright in
the design registered before the commencement of this Act shall, subject to the provisions of this Act, be
the date immediately after the period of five years for which it was registered or the date immediately
after the period of five years for which the extension of the period of copyright for a second period from
the expiration of the original period has been made.
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