Register of Designs and Certificate of Registration (Part 3)

The previous post discussed how the Controller may accept or refuse an application for registration of designs under the Designs Act,2000. This post discusses the third stage – the acceptance of application is followed by registration of design as follows-

Publication in the Official Gazette

Rule 22 provides that on acceptance of the design filed in respect of an application, the Controller shall direct the registration and publication of the particulars of the application and the representation of the article to which the design has been applied, in the Official Gazette. When publishing in the Gazette, the Controller may select one or more views of the representation of the design, which, in his opinion, would depict the design best.

Grant of certificate of registration

Section 9 provides that the Controller shall grant a certificate of registration to the proprietor of the design when registered. The Controller may, in case of loss of the original certificate, or in any other case in which he deems it expedient, furnish one or more copies of the certificate.

Entry of Particulars in the Register of Design

Rule 30 provides that when a design is accepted, there shall be entered in the Register of Design –

  • the number of the design,
  • the class in which it is registered,
  • the date of filing the application for registration in this country,
  • the reciprocity date ( if any),
  • such other matters as would affect the validity or proprietorship of the design.

Section 10 provides that the Register of Designs shall contain –

  • the names and addresses of proprietors of registered designs,
  • notifications of assignments and of transmissions of registered designs etc.

This post has been contributed by Kunal Chandriani. He is pursuing B.Com(T.Y.B.Com) from Gurukul College of Commerce, Mumbai.

Image from here

L&P Editorial Team

The Law & Practice Blog's editorial team.

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