All The Sections You Need To Know
Section-5: Application for Registration-
Once an application is received by the controller it can be registered if:
· It is not a design that has been previously published
· This application is going to be examined by an examiner
· The required fees should be paid
· Design has to be registered to a specific class it belongs to and it cannot be such that design belongs to more than one class and all doubts as to class of design will be solved by the controller
· The controller can also reject the request of registration and the person so aggrieved has to appeal to the High Court
· Where the application is not completed within the specific time there it shall deemed to be abandoned
· When the design is registered the date of registration is going to be the same as the date of application of registration.
Design Rules, 2001-
(i) Rule-11: Application-
· Say that the application must be submitted along with 4 copies of the representation of design and each of these shall be signed and dated by the applicant or his agent
· It shall also state class in which design is to be registered.
(ii) Rule-12:Statement of Novelty-
A brief statement of novelty has to be done by the applicant on each application and representation if so required by the controller
(iii) Rule-13: Additional copies- of representations or specimen shall be given if the controller so desires
(iv) Rule-17: Acceptance-
An application upon being received is sent to the examiner to check for objections and once a clean chit is given by the examiner the controller can issue the certificate of registration which is specified in the 5th schedule
(v) Rule-18:Objections-
· When the controller believes that there is any specific objections with respect to the application made he may after examining the same ask the applicant to amend such application and for the same a copy of objections will be sent to the applicant or his agent in writing.
· The objection has to be removed or the applicant can apply for hearing within 3 months or the application is deemed to be withdrawn. For extension of time period the applicant ca request by submitting form -18
· Where the applicant or his agent or at the desire of the controller says that hearing should take place then a date should be fixed paying attention to rule-21 for completion of application
· When the date of hearing is fixed the applicant has to be given at least 10 days notice or of a shorter period as decided by the controller once the notice is received by the applicant he should inform the controller whether he is attending the same.
· After hearing or without hearing the applicant where he has not notified and not attended the meeting or notified that he does not want to be heard there the controller may register or refuse to register the application.
(vi) Rule-19: Decision of controller-
The decision and his grounds for so deciding shall be communicated to the applicant or his agent in writing.
(vii) Rule -20: Date for appeal-
For the purpose of appeal the date on which the decision is dispatched shall be the date of controller’s decision
(viii) Rule-21: Non-completion within stipulated time-
If application is not completed by the applicant within 6 months or with such extension as given under rule-18 then it shall deemed to be abandoned.
Section-7: Publication-
Once the design is registered it shall as soon as possible be published in a manner prescribed, after which it will be open to inspection by the public.
Section-9: Certificate of registration-
The controller shall give certificate of registration to the proprietor of the design once its registered.
Section-10: Register of designs-
A register of design should be maintained where:
· The name and address of proprietors of registered designs is written
· Other than this all transmissions assignments made are also recorded
· The register can be maintained in whole or part in computer floppies and diskettes subject to safeguard conditions as prescribed.
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