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.