To facilitate applying for obtaining certified copies of a design application the applicant must make said petition through Form 15 and Form 16 under the Design Act 2000. The certified copy has its endorsement or certificate proving that the same is a true copy of the primary design application.
The applicant under Form 15 and 16 can apply for the certified copies for any registered design, an entry in the Register of Design, extracts from disclaimers, affidavits, declarations, or additional public documents available in the Office, from Register, and other records.
The applicant can request a certified copy under section 26 and rule 41 of the Design Act and Rules, respectively. The Register of designs maintained under the Act is open for public inspection under section 26 and Rule 41 certified copies of the Register or extracts from disclaimers, affidavits, declarations, and other public documents can be requested through Form 15.
This form is applicable for design applications that are yet to receive their final registration certificate from the Office and must indicate the number and class of the design application. Further, the applicant must provide their name, address, and nationality and set out the particulars which the Controller is requested to certify. Lastly, it must be signed by the applicant or their registered agent.
When a design application is finally registered and issued copyright, in its existence any individual can seek certified copies of any relevant documents regarding its registration. This is sought through Form 16 and under section 17 of the Act, the form must be accompanied with such information that enables the Controller to identify the design.
The applicant must make the application on payment of the prescribed fees to obtain the certified copy of the registered design. The form must provide the name, address, and nationality of the applicant with the number and class of the registered design. Further, it must also include the name of the proprietor and must be signed by the applicant or their registered agent.
Responsibility of Controller of Designs
The certified copies as requested under Form 15 and 16 are required to be furnished by the Controller within a week of receiving the form. The copies are issued by the Controller and sealed with the seal of the Patent Office so that the same is permissible as evidence under any Courts in India, without additional proof or validity of the originals.
Nevertheless, in rare instances, if the Court has reason to doubt the validity and legitimacy of the copies submitted as evidence, the Court may mandate the production of the original document or such additional proof as it deems fit.
Under Form 15 wherein the request for certified copies is sought for a design application that is yet to receive its copyright registration, the claimant must pay the prescribed fee depending on their nature.
If the claimant is a natural person, the fee payable is INR 500 and where the applicant is other than a natural person the fee payable for a small entity is INR 1000 and for others except a small entity is INR 2000.
Further, under Form 16 wherein the request for certified copies is sought for a registered design if the claimant is a natural person, the fee payable is INR 500.
Wherein the applicant is other than a natural person the fee payable for a small entity is INR 1000 and for others except a small entity is INR 2000.
The certified copy of the design application or its records available in the Register of Designs is very important as it allows applicants to obtain admissible evidence concerning the existence of a design application.
In case, the applicant need to prove to a court that their design is in the process of registration or is registered under the Design Act, but does not possess the original documents for the same, they have the alternative of obtaining the same from the Controller as long as the record they seek is available with the Controller, his Office or in the Register of Designs.
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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.
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