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Restoration of Design Rights India

A registration of design in India will cease to be effective on non-payment of extension fee for further term of five years if the same is not paid before the expiry of original period of 10 years.[1]

Design Registration Restoration in India

If a registered design is lapsed due to non-payment of extension fee, lapsed designs may be restored provided the following conditions are satisfied[2]:

  • Application for restoration on Form-4 with prescribed fees is filed within one year from the date of lapse stating the ground for such non-payment of extension fee with sufficient reasons.
  • If the application for restoration is allowed the proprietor is required to pay the prescribed extension fee and requisite additional fee and finally the lapsed registration is restored.

Design Registration Restoration Procedure India[3]

  • The proprietor or his legal representative may apply for restoration of the design.
  • If the design is held by two or more persons, then, with the leave of the Controller, one or more of them without joining the others may apply for restoration.
  • If the application for restoration is filed by any other person claiming as proprietor of the design, such application shall be accompanied by Form-11, for affecting a change in name or proprietorship in the register of designs. The application for restoration shall be proceeded with only after the change in name or proprietorship is affected as per provisions of the Act. However, if change in proprietorship happened after the design ceased to have effect, such an application for restoration from the latter alleged proprietor will not be entertained.
  • If the registered proprietor failed to register a change of name before or after the cessation, he shall first apply for such alteration in the Register. The application for restoration shall be proceeded with only after change in name has been affected in the register of designs[4].
  • The application shall include a statement fully setting out the circumstances that led to failure to pay the fee.
  • The evidence must support the claim that the failure to pay was unintentional and there has been no undue delay in applying for restoration.
  • Controller may require evidence in support of the statement.
  • If the Controller is satisfied that the failure to pay fee for extension was unintentional and that there has been no undue delay in making the application, the Controller shall restore the registration of design.
  • If in the opinion of Controller there is a prima facie case for not allowing the application for restoration, the proprietor of the design shall be intimated accordingly. In such a case, the proprietor of the design may request for a hearing in the matter within one month from the date of such intimation. Unless such a request for hearing is made, the application shall be refused by the Controller.
  • If the registered proprietor requests for hearing within the time allowed and the Controller, after such a hearing, is satisfied that the failure to pay the fee for the extension of copyright is unintentional and there is no undue delay in the making the application for restoration, the application for restoration shall be allowed.
  • The fact that a design has been restored is published in Official Journal.

[1] http://www.ipindia.nic.in/faq-designs.htm

[2] http://www.ipindia.nic.in/faq-designs.htm

[3] http://www.ipindia.nic.in/writereaddata/Portal/IPOGuidelinesManuals/1_30_1_manual-designs-practice-and-procedure.pdf

[4] Section 12, 13, 14. Rule 24 Form 4, 11. 41

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