Explained: Inspecting any Registered Design

This article explains the process to Request to inspect any Registered Design under Section 17(1); and 26 of the Design Act, 2000.

Introduction

Once a design is registered, during the life of the copyright; any individual may bring about a request asking the Controller for examination of the registered design. The same can be done by applying Form 5 along with the mandatory fee.

All the registered designs are included in the Register of Designs kept in the Patent Office of Kolkata. The register is accessible to the common people. Any person can request to inspect such Registered Design both manually and online. In case of the later, one can access, an e-register that is accessible on the Indian IP official portals.

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RESTORATION OF A DESIGN

Design inspection

Inspection of Registered Design 

 

Where a design application has been rescinded or refused; any article associated with such an application is not available to the public for inspection.  The register of designs maintained in Kolkata is free for inspection on payment of the mandatory fee. 

 

Inspection is authorized by the Controller at the earliest if the applicant is attending. If the request is sent by post; an initial date for inspection may be fixed and conveyed to the applicant immediately. 

 

Section 17

 

During the validity of the copyright in a design; any individual providing such data may allow the Controller to recognize the design. Controller may examine the design after the payment of the mandatory fee.

 

Any individual may, on an application and on payment of such fee as may be stipulated; receive a certified copy of any registered design.

 

Register of Designs

 

The Register of Designs is an article kept by the Patent Office in Kolkata as a legal code.

It includes:

 

the design application number; class, date of filing (in India); reciprocity date, name and address of Proprietor; and such other objects as would influence the tangibility of proprietorship of the design; and it is free for public examination.

 

Section 26 (Inspection of and excerpts from Registers)

 

Any register maintained under this Act shall at all reasonable times be free for the common people to examine. The same is subjected to the requirements of this Act; and certified copies, sealed with the stamp of the patent office; of any entry in any such register shall be provided to any individual compelling the same on payment of the mandatory fee.

 

Here, such register is kept completely or partially on a computer. The inspection of such register under this section; is given rise to by examining the computer printout of the applicable entry in the register so maintained on computer.

 

The Inspection Application under Form 5 

 

The Form is submitted with the name, address, and nationality of the applicant who is requesting the Inspection. Further, the form must cite the application number and the class under which the initial design is applied for. 

 

The statement entitles the applicant; or the signatory of the Form to request inspection under Section 17(1) of the Design Act. Lastly, it must include the address of service for the design; and be signed by the applicant, with the date, day, and year in which it was signed. 

 

Fee

 

To proceed with an application that requests for the inspection of registered designs; and the register of designs through Form 5; 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 500. However, where the applicant is other than a natural person the fee payable for a small entity is INR 1000; and for others except small entity is INR 2000.

 

Conclusion

 

Since the registration of a design confers on the proprietor copyright for the design that lasts 10yrs; the Design Act has allowed for applications to permit the inspection of registered designs. This enables the common public to contest design applications and also to ensure that every design that is ultimately registered; is done so after thorough scrutiny.

 

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Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filingspatent services in India and global patent consulting services.

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