Procedure for Restoration
The application for restoration is filed with the Controller through Form 4; as specified under Rule 24 of the Design Rules, 2001. The application must contain a statement ascertaining the factual events; that led to the negligence in payment of the fee for the Renewal or extension.
The application for restoration must encompass corroborative evidence for the delay in payment by the registered owner. The evidence must substantiate the claim of the registered owner. It must substantiate that the failure in payment was involuntary; and there has been no unnecessary delay in applying for restoration of lapsed design by the registered owner.
The Controller may expect some proof in support of the declaration made by the registered owner. Once the Controller is pleased that the negligence in payment was involuntary; the Controller can bestow an order for restoration of the registration of a lapsed design.
If the Controller thinks that there is a prima facie issue for not authorizing the application; the registered owner must be informed accordingly. Here, the registered owner may petition the Controller for a hearing on the issue within a month; from the date of receipt of such intimation. Unless the registered owner makes such a petition; the application for Restoration is refused or dismissed by the Controller.
The registered owner is claiming for a hearing within the period authorized. The Controller, if after the hearing is pleased that the failure for payment for the renewal or extension of copyright is involuntary; and there was no excessive delay in making the application for restoration, the application is authorized by the Controller. The information that a registered design is restored is announced in the Official Journal by the Controller.
Basic Requirements
According to Rule 25 of the Design Rules, after the application for Restoration is permitted by the Controller, the registered owner is mandated to pay the pending fees for renewal or extension of copyright of a registered Design.
This fee is payable within a month from the date of the order of restoration by the Controller to the registered owner, permitting the owner for the restoration of lapsed design. The Controller is similarly mandated to announce in the Official Gazette their decision on the application.
Fee
To proceed with an application for the restoration of a lapsed design under Form 4, the applicant or its representative must pay the prescribed fee depending on their nature.
Wherein the applicant is a natural person the fee payable is INR 1000. However, where the applicant is other than a natural person the fee payable for a small entity is INR 2000 and for others except small entity is INR 4000.
Conclusion
The process of restoring a lapsed design is rather easy and quick under the Indian Design Act. Since the Controller is given the discretion to determine whether the registered proprietor made the delay in payment for the renewal or extension of copyright involuntarily, the legislative proceedings are reduced considerably. The restoration application is only initiated by the registered proprietor with a valid reason for non-payment, and the rest is left to the Controller.