Preamble - DESIGNS (AMENDMENT) RULES, 2014

DESIGNS (AMENDMENT) RULES, 2014

PREAMBLE

Whereas certain draft rules, namely the Design (Amendment) Rules 2013, were published as required under sub-section (3) of section 47 of the Designs Act, 2000 (16 of 2000) vide notification of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) number G.S.R. 720 (E), dated the 31st October, 2013, in the Gazette of India, Extraordinary, Part II, Section 3, sub-section(i), dated 31st October, 2013, for inviting objections and suggestions from all persons likely to be affected thereby before the expiry of a period of forty-five days from the date on which copies of the Gazette containing the notification were made available to the public;

And whereas, the copies of the Gazette containing the said notification were made available to the public on the 31st October, 2013;

And whereas, the objections and the suggestions received from the public on the said draft rules have been considered by the Central Government;

Now, therefore, in exercise of the powers conferred by section 47 of the Designs Act, 2000 (16 of 2000), the Central Government hereby makes the following rules further to amend the Designs Rules, 2001, namely:-

Rule 1 - Rule 1

(1) These rules may be called the Designs (Amendment) Rules, 2014.

(2) They shall come into force on the date of their final publication in the Official Gazette.

Rule 2 - Rule 2

In rule 2 of the Designs Rules, 2001 (hereinafter referred to as the principal rules),-

(i) after clause (c), the following clause shall be inserted, namely:-

'(ca) "person other than a natural person", shall include a "small entity";';

(ii) after clause (e), the following clause shall be inserted, namely:-

'(ea) "small entity" means,-

(i) in case of an enterprise engaged in the manufacture or production of goods, an enterprise where the investment in plant and machinery does not exceed the limit specified for a medium enterprise under clause (a) of sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006); and

(ii) in case of an enterprise engaged in providing or rendering of services, an enterprise where the investment in equipment is not more than the limit specified for medium enterprises under clause (b) of sub-section (1) of section 7 of the Micro, Small and Medium Enterprises Development Act, 2006.

Explanation 1.-For the purpose of this clause, "enterprise" means an industrial undertaking or a business concern or any other establishment, by whatever name called, engaged in the manufacture of production of goods, in any manner, pertaining to any industry specified in the First Schedule to the Industries (Development and Regulation) Act, 1951 (65 of 1951) or engaged in providing or rendering of any service or services in such an industry.

Explanation 2.-In calculating the investment in plant and machinery, the cost of pollution control, research and development, industrial safety devices and such other things as may be specified by notification under the Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006), shall be excluded.

Explanation 3.--The reference rates of foreign currency of the Reserve Bank of India shall prevail.'.

Rule 3 - Rule 3

In rule 5 of the principal rules, in sub-rule (2), after clause (d), the following clauses shall be inserted, namely:-

"(e) In case an application processed by a natural person is fully or partly transferred to a person other than a natural person, the difference, if any, in the scale of fees between the fees charged from a natural person and the fees chargeable from the person other than natural person in the same matter shall be paid by the new applicant with the request for transfer.

(f) In case an application processed by a small entity is fully or partly transferred to a person other than a natural person (except a small entity), the difference, if any, in the scale of fees between the fees charged from the small entity and the fees chargeable from the person other than natural person (except a small entity) in the same matter shall be paid by the new applicant with the request made for such transfer.".

Rule 4 - Rule 4

In rule 6 of the principal rules, after sub-rule (1), the following proviso shall be inserted, namely:-

"Provided that in the case of small entity, every document, for which a fee has been specified, shall be accompanied by Form-24.".

Rule 5 - Rule 5

In the principal rules, for THE FIRST SCHEDULE, the following SCHEDULE shall be substituted, namely:-

"THE FIRST SCHEDULE

(See rule 5)

FEES

No. of Entry	On what payable	No. of Form	Fees (in Rupees)
			for Natural Person	For other than Natural Person (s) either alone or jointly with natural person except small entity
				For Small	For others
1	On application for registration of design under sections 5 and 44.	1	1000	2000	4000
2	On claim under section 8 (1) and (5) to proceed as an applicant or joint applicant.	2	500	1000	2000
3	On application for extension of copyright under section 11(2).	3	2000	4000	8000
4	On application for restoration of lapsed design under section 12(2).	4	1000	2000	4000
5	Additional fee for restoration.	-	1000	2000	4000
6	Inspection of registered design under section 17(1).	5	500	1000	2000
7	On request for information of design when registration No. given under section 18.	6	500	1000	2000
8	On request for information of design when registration No. not given.	7	1000	2000	4000
9	On petition for cancellation of design under section 19	8	1500	3000	6000
10	Notice of intended exhibition or publication of an unregistered design under section 21.	9	500	1000	2000
11	Application for registration of a document in Register of Design under section 30(3),-	10
	In respect of one design		500	1000	2000
	For each additional design		200	400	800
12	On application for entry of name of proprietor or part proprietor in Register of Design under section 30,-	11
	In respect of one design		500	1000	2000
	For each additional design		200	400	800
13	On application for entry of mortgage or license	12
	In respect of one design		500	1000	2000
	For each additional design		200	400	800
14	Application for entry of notification of a document in the Register of Design under section 30 and rule 37,-	13
	In respect of one design		500	1000	2000
	For each additional design		200	400	800
15	On request for correction of clerical error under section 29.	14	500	1000	2000
16	On request for certification under section 26 and rule 41.	15	500	1000	2000
17	On application for certified copy of registered design under section 17(2).	16	500	1000	2000
18	On application for rectification of Register of Design under section 31.	17	500	1000	2000
19	On application for extension of time for filing priority document under rule 15 & rule 18.	18	200 (per month)	400 (per month)	800 (per month)
20	On notice of opposition under rule 40.	19	100	200	400
21	Notice of intention to attend hearing under rule 29 and 40.	20	500	1000	2000
22	Form for authorization of agent or other person.	21	-	-	-
23	On request to alter names or address or address for service in the Register of Design under rule 31.	22	200	400	800
24	On request for entries of two address in the Register of Design.	23	200	400	800
25	On petition under rule 46 for amendment of any document.	-	500	1000	2000
26	On petition under rules 29, 40, 47 for enlargement of time.	-	500	1000	2000
27	Inspection of Register of Design under rule 38 (in respect of each design).		250	500	1000
28	On petition not otherwise provided for.		1000	2000	4000
29	To be submitted for claiming the status of a small entity	24	No fee	No fee	No fee". Rule 6 - Rule 6 In the principal rules, for THE FIRST SCHEDULE, the following SCHEDULE shall be substituted, namely:- "THE FIRST SCHEDULE (See rule 5) FEES No. of Entry On what payable No. of Form Fees (in Rupees) for Natural Person For other than Natural Person (s) either alone or jointly with natural person except small entity For Small For others 1 On application for registration of design under sections 5 and 44. 1 1000 2000 4000 2 On claim under section 8 (1) and (5) to proceed as an applicant or joint applicant. 2 500 1000 2000 3 On application for extension of copyright under section 11(2). 3 2000 4000 8000 4 On application for restoration of lapsed design under section 12(2). 4 1000 2000 4000 5 Additional fee for restoration. - 1000 2000 4000 6 Inspection of registered design under section 17(1). 5 500 1000 2000 7 On request for information of design when registration No. given under section 18. 6 500 1000 2000 8 On request for information of design when registration No. not given. 7 1000 2000 4000 9 On petition for cancellation of design under section 19 8 1500 3000 6000 10 Notice of intended exhibition or publication of an unregistered design under section 21. 9 500 1000 2000 11 Application for registration of a document in Register of Design under section 30(3),- 10     In respect of one design 500 1000 2000   For each additional design 200 400 800 12 On application for entry of name of proprietor or part proprietor in Register of Design under section 30,- 11     In respect of one design 500 1000 2000   For each additional design 200 400 800 13 On application for entry of mortgage or license 12         In respect of one design 500 1000 2000   For each additional design 200 400 800 14 Application for entry of notification of a document in the Register of Design under section 30 and rule 37,- 13         In respect of one design   500 1000 2000   For each additional design 200 400 800 15 On request for correction of clerical error under section 29. 14 500 1000 2000 16 On request for certification under section 26 and rule 41. 15 500 1000 2000 17 On application for certified copy of registered design under section 17(2). 16 500 1000 2000 18 On application for rectification of Register of Design under section 31. 17 500 1000 2000 19 On application for extension of time for filing priority document under rule 15 & rule 18. 18 200 (per month) 400 (per month) 800 (per month) 20 On notice of opposition under rule 40. 19 100 200 400 21 Notice of intention to attend hearing under rule 29 and 40. 20 500 1000 2000 22 Form for authorization of agent or other person. 21 - - - 23 On request to alter names or address or address for service in the Register of Design under rule 31. 22 200 400 800 24 On request for entries of two address in the Register of Design. 23 200 400 800 25 On petition under rule 46 for amendment of any document. - 500 1000 2000 26 On petition under rules 29, 40, 47 for enlargement of time. - 500 1000 2000 27 Inspection of Register of Design under rule 38 (in respect of each design).   250 500 1000 28 On petition not otherwise provided for.   1000 2000 4000 29 To be submitted for claiming the status of a small entity 24 No fee No fee No fee". Rule 7 - Rule 7 In the principal rules, for THE FOURTH SCHEDULE, the following SCHEDULE shall be substituted, namely:- "THE FOURTH SCHEDULE (See rule 43) Scale of costs allowable in proceedings before the Controller Number of Entry Matter in respect of which cost is to be awarded Amount (in rupees) For Natural Person For other than natural person(s) either alone or jointly with natural person(s) For small entity For others except small entity 1 For notice of opposition under rule 40 100 200 400 2 For petition for cancellation of the registration for design under section 19 1000 2000 4000 3 For notice of information to attend hearing 200 400 800 4 Stamps for power of attorney, where a professional has been appointed The amount actually paid The amount actually paid The amount actually paid 5 Stamps fee in respect of relevant affidavit The amount actually paid The amount actually paid The amount actually paid 6 For statement and evidence under sub-rule (1) of rule 29 and sub-rule (2) of rule 40 200 400 800 7 Counter statement under sub-rule (3) of rule 29 and sub-rule 4 of rule 40. 200 400 800 8 For each affidavit, if relevant 100 200 400 9 For each citation, if relevant 100 200 400 10 For each unnecessary or irrelevant affidavit or citation 100 200 400 11 For every day or part of a day hearing before the Controller. 500 1000 2000". Print Judgement Hi! What would you like to log into? Legal Research With ZAIAN Generative Legal AI based legal research Fast and accurate 1-click judgments insight Infographics / chatbot Notes/notebook/scribble Timeline Check Answers you complex research queries Draft, analyze, summarize and more 24/7 Availability Login Litigation Management Tool Real time litigation tracking Tasks / Matters/ Document management Reports / Workflow / Analytics Notice / Invoice / Billing / Expense management 10,000+ forums Automated real-time case alerts Login LIBIL Legal Worthiness Score by proprietary algorithm Search of Asset - Property, vehicle etc Accurate identification Customised & tailored solution Subscription/APIs/Pay per use Login Report a Problem Problem Area Content Segregation Judge Name Court Citation Other Description Close Submit