An application for restoration can be filed within 12 months from the date on which a registered design ceased to have effect due to non-payment of fees for extension of copyright (or renewal fee) with the Indian Patent Office.
Any person interested may file a petition for cancellation of a registered design on the prescribed Form. The petition for cancellation of registered design can be filed on the following grounds:
• design has been previously registered in India;
• it has been published in India or in any other country prior to the date of its registration;
• design is not new or original;
• design is not registrable under the Indian Designs Act; and
• it is not a design as defined under the Indian Designs Act
Any person aggrieved on the following grounds may file a request for rectification of register of designs:
• non-insertion or omission of any entry;
• entry made without sufficient cause;
• entry wrongly remaining on the register; or
• error or defect in any entry
Term of Design, Restoration and Rectification Process in India
Copyright in the design subsists for 10 years from the date of registration. This period can be extended by another 5 years upon a request for extension of copyright filed by the registered proprietor before the expiry of the original period of 10 years.
ABOUT THE AUTHOR: Bhawna Sharma
Bhawna Sharma has been practicing patents and designs over 10 years and has particular expertise in drafting, securing, protecting and enforcing patent and design rights across multiple jurisdictions. She strongly focuses on the business needs of clients and recognized by her clients for providing legal solutions with due emphasis on practical and commercial aspects. Her clients include Fortune 500 companies and world’s most esteemed corporations, Indian R&D sector and inventors, Medium and Small Scale Enterprises. Prior to entering into IPR, Bhawna worked as lecturer.
Copyright Singhania & Partners LLP
Disclaimer: Every effort has been made to ensure the accuracy of this publication at the time it was written. It is not intended to provide legal advice or suggest a guaranteed outcome as individual situations will differ and the law may have changed since publication. Readers considering legal action should consult with an experienced lawyer to understand current laws and.how they may affect a case. For specific technical or legal advice on the information provided and related topics, please contact the author.