Whereas, the draft of certain rules, namely, the Designs (Amendment) Rules. 2019 further to amend the Design Rules, 2001 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 for Promotion of Industry and Internal Trade) number G.S.R. 798(E), dated 18th October, 2019, in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of a period of thirty days from the date on which copies of the Gazette containing the said notification were made available to the public;
And whereas, the copies of the said Gazette were made available to the public on the 19th day of October, 2019;
And whereas, the objections and the suggestions received from the public in respect of the said draft rules have been duly considered by the Central Government;
Now, therefore, in exercise of the powers conferred by section 47 of the Designs Act, 2000, the Central Government hereby makes the following rules further to amend the Designs Rules, 2001, namely:-
Rule 1 - Short title and commencement
(1) These rules may be called the Designs (Amendment) Rules, 2021.
(2) They shall come into force from 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), after clause (ea), the following clause shall be inserted, namely:-
?(eb) ?startup? means-
?(a) an entity in India recognised as a startup by the competent authority under Startup India initiative; and
(b) in case of a foreign entity, an entity fulfilling the criteria for turnover and period of incorporation or registration as per Startup India Initiative and submitting declaration to that effect.
Explanation: In calculating the
turnover, reference rates of foreign currency of the Reserve Bank of India shall
prevail.?
Rule 3 - Rule 3
In rule 4 of the principal rules, for the proviso, the following proviso shall be substituted, namely:-
?Provided that such address for service shall include e-mail address and mobile number registered in India, of the agent or applicant?.
Rule 4 - Rule 4
In rule 5 of the principal rules, in sub-rule (2),
(i)
for the clause (e), the following clause shall be substituted, namely:-
?(e) In case an application processed by a natural person and/or startup and/or small entity is fully or partly transferred to a person other than a natural person, startup or small entity, the difference, if any, in the scale of fees between the fees charged from the natural person, startup or small entity and the fees chargeable from the person other than a natural person, startup or small entity in the same matter, shall be paid by the new applicant with the request for transfer.?:
(ii) clause (f) shall be
omitted.
(iii) after sub-rule (e), the following explanation shall be inserted namely:-
?Explanation--Where a startup or small entity, having filed an application for a design, ceases to be a startup or small entity due to the lapse of the period during which it is recognised by the competent authority, or its turnover subsequently crosses the financial threshold limit as notified by the competent authority, no such difference in the scale of fees shall be payable?.
Rule 5 - Rule 5
In rule 10 of the principal
rules, for the sub-rule (1) the following sub-rule shall be substituted,
namely:-
For the purposes of the registration of designs and of these rules, articles shall be classified as per current edition of ?International Classification for Industrial Designs (Locarno Classification)? published by World Intellectual Property Organization (WIPO):?
Provided that registration of
any design would be subject to the fulfillment of provisions of the Act
specifically 2(a) and 2(d).
Rule 6 - Rule 6
In the principal rules, for the FIRST SCHEDULE the following Schedule shall be substituted namely:-
?FIRST SCHEDULE?
(See Rule 5)
FEES
Number of entry
On what payable
Number of the relevant Form
Fees (in Rupees)
For natural person(s) and/or Startup(s) and/or Small entit(y)/(ies) and/or Small entit(y)/(ies)
Other(s), alone or with natural person(s) and/or Startup(s) and/or Small entit(y)/(ies)
(1)
(2)
(3)
(4)
(5)
1
On application for registration of design under sections 5 and 44.
1
1000
4000
2
On claim under section 8 (1) and (5) to proceed as an applicant or joint applicant.
2
500
2000
3
On application for extension of copyright under section 11(2).
3
2000
8000
4
On application for restoration of lapsed design under section 12(2).
4
1000
4000
5
Additional fee for restoration.
-
1000
4000
6
Inspection of registered design under section 17(1).
5
500
2000
7
On request for information of design when registration No. given under section 18.
6
500
2000
8
On request for information of design when registration No. not given.
7
1000
4000
9
On petition for cancellation of design under section 19.
8
1500
6000
10
Notice of intended exhibition or publication of an unregistered design under section 21.
9
500
2000
11
Application for registration of a document in Register of Design under section 30(3),-
10
In
respect of one design
500
2000
For each additional design
200
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
2000
For each additional design
200
800
13
On application for entry of mortgage or license
12
In respect of one design
500
2000
For each additional design
200
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
2000
For each additional design
200
800
15
On request for correction of clerical error under section 29.
14
500
2000.
16
On request for certification under section 26 and rule 41.
15
500
2000
17
On application for certified copy of registered design under section 17(2).
16
500
2000
18
On application for rectification of Register of Design under section 31.
17
500
2000
19
On application for extension of time for filing priority document under rule 15 & rule 18.
