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Design Registration

Thursday, 14-March-2019


                          All applications and communications to the Controller under this Act may be signed by , and all attendances upon the Controller may be made by or through a legal practitioner or by or through an agent whose name and address has been entered in the register of patent agents maintained under section 125 of the Patents Act, 1970.The Controller may, if he sees fit, require any such agent to be resident in India; any person not residing in India either to employ an argent residing in India; the personal signature or presence of any applicant or other person Design Registration.

                    Any person who has applied for protection for any design in the United Kingdom or any of other convention countries or group of countries or countries which are members of inter-governmental organisations, or his legal representative or assignee shall, either alone or jointly with any other person, be entitled to claim that the registration of the said design under this Act shall be in priority to other applicants and shall have the same date as the date of the application in the United Kingdom or any of such other convention countries or group of countries or countries which are members of inter-governmental organisations, as the case may be Design Registration.

                   Provided that the application is made within six months from the application for protection in the United Kingdom or any of such other convention Countries or group of countries or countries which are members of inter-governmental organisations, as the case may be; and nothing in this section shall entitle the proprietor of the design to recover damages for piracy of design, design happening prior to the actual date on which the design is registered in India Design Registration.

                    The registration of a design shall not be invalidated by reason only of the exhibition or use of or the publication of a description or representation of the design in India during the period specified in this section as that within which the application may be made; The application for registration of a design of a design under this section must be made in the same manner as an ordinary application under this Act Design Registration.