Licensing Design Rights in India


Licensing Design Rights in India

Under Section 30 of the Indian Designs Act, 2000, a person entitled by way of assignments, transmission or other operation of law of copyright can make an application in the prescribed format to the Controller of Designs for transmission of design rights. Section 30 (4) states that ‘The person registered as the proprietor of a design shall, subject to the provisions of this Act and to any rights appearing from the register to be vested in any other person, have power absolutely to assign, grant licenses as to, or otherwise deal with, the design and to give effectual receipts for any consideration for any such assignment, licence or dealing’.

Licensing Design Rights- Requirements

It is important that the licence or the creation of any other interest in a design is in writing and the agreement between the parties concerned is reduced to the form of an instrument embodying all the terms and conditions governing their rights and obligation and the application for registration of title under such instrument is filed in the prescribed manner with the Controller within six months from the execution of the instrument or within such further period not exceeding six months in the aggregate as the Controller on application made in the prescribed manner allows.

The person, who becomes entitled by such licence, may file an application in the prescribed form to the Controller to register his title along with original or copies of the instrument, certified by the Notary Public. Such application shall be submitted in Form-12.[1]

The Controller on receipt of application may ask for any other proof of title or written consent, to his satisfaction. If such document is a public document, an official or certified copy thereof may be presented. The Controller than on satisfactory proofs will enter notice of interest in the register of designs. Upon entry of its particulars in the register of designs, the instrument shall be effective from the date of its execution. The person registered as a proprietor shall have absolute power to deal with the design as far as assignments and licences etc. are concerned. An instrument, which has not been registered, shall not ordinarily be admissible in any Court as proof of title to copyright in a design or to any interest therein.[2]



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