[Act 2 of 1911] [1st March, 1911] [Repealed by Act 16 of 2000, Section 48 (w.e.f. 11-5-2001)] An Act to amend the law relating to the protection of [1][*
* *] Designs Whereas it is expedient to amend the law relating to the protection
of [2][*
* *] designs; It is hereby enacted as follows. (1) This Act may be called the [3][*
* *] Designs Act, 1911. [4][(2) It extends to the whole of India [5][*
* *];] (3) It shall come into force on the first day of
January, 1912. In this Act, unless there is anything repugnant in the subject or
context. (1)
[6][* * *] (2)
?article?
means [7][*
* *] any article of manufacture and any substance, artificial or natural, or partly
artificial and partly natural; (3)
[8][?controller? means the Controller General of Patents, Designs (4)
?copyright?
means the exclusive right to apply a design to any article in any class in
which the design is registered; (5)
[9][?design? means only the features of shape, configuration, pattern or
ornament applied to any article by any industrial process or means, whether
manual, mechanical or chemical, separate or combined, which in the finished
article appeal to and are judged solely by the eye; but does not include any
mode or principle of construction or anything which is in substance a mere
mechanical device, and does not include any trade mark as defined in [10][clause
(v) of sub-section (1) of Section 2 of the Trade and Merchandise Marks Act,
1958 (43 of 1958)], or property mark as defined in Section 479 of the Indian
Penal Code (45 of 1860);] (6)
[11][* * *] (7)
[12][?High Court? means. (a)
in relation
to a State, the High Court for that State; (b)
[13][in relation to the Union Territory of Delhi, the High Court of Delhi; [14][* * *]] (c)
in relation
to the Union Territory of [15][Arunachal
Pradesh or Mizoram, the Gauhati High Court (the High Court of Assam, Nagaland,
Meghalaya, Manipur and Tripura);] (d)
in relation
to the Union Territory of the Andaman and Nicobar Islands, the High Court at
Calcutta; and. (e)
in relation
to the Union Territory of [16][Lakshadweep],
the High Court of Kerala.] [17][(ee) in relation to the Union Territory of Chandigarh, the High Court
of Punjab and Haryana;] (f)
[18][in relation to the Union Territories of Dadra and Nagar Haveli and Goa,
Daman and Diu, the High Court at Bombay; (g)
in relation
to the Union Territory of Pondicherry, the High Court at Madras.] [19][* * *] (8)
[20][* * *] (9)
?Legal
representative? means a person who in law represents the estate of a deceased
person; (10)
[21][* * *] (11)
?patent?
means a patent granted under the provisions of this Act; (12)
[22][?patent office? means the patent office referred to in Section 74 of
the Patents Act, 1970.] (13)
?prescribed?
includes prescribed by rules under this Act; and (14)
?proprietor
of a [23][new
or original] design,? (a)
where the
author of the design, for good consideration, executes the work for some other
person, means the person for whom the design is so executed; and (b)
where any
person acquires the design or the right to apply the design to any article,
either exclusively of any other person or otherwise, means, in the respect and
to the extent in and to which the design or right has been so acquired, the
person by whom the design or right is so acquired; and (c)
in any other
case, means the author of the design; and where the property in, or the right to apply, the design has devolved
from the original proprietor upon any other person, includes that other person. [24][* * *] [Repealed by the Part B States (Laws) Act, 1951 (3
of 1951), Section 3 and Schedule.] [26]Part I PATENTS Application for and Grant of Patent [27][* * *] [29][* * *]] [31][* * *]] [32][* * *] [33][* * *] [34][* * *] [36][* * *]] [37][* * *] [38][* * *] [39][* * *] [40][* * *] [41][* * *] [42][* * *] [44][* * *].] Term of Patent [45][* * *] [46][* * *] [48][* * *].] [49][* * *] Amendment of Application or Specification [50][* * *] [51][* * *] [52][* * *] Register of Patents [53][* * *] Government [55][* * *].] [56][* * *] [Ed. Patents Act, 1970 (3 of 1970) (1)
The Indian
Patents and Designs Act, 1911, in so far as it relates to patents, is hereby
repealed, that is to say, the said Act shall be amended in the manner specified
in the Schedule. (2)
Notwithstanding
the repeal of the Indian Patents and Designs Act, 1911, in so far as it relates
to patents. (a)
the
provisions of Section 21-A of that Act and of any rules made thereunder shall
continue to apply in relation to any patent granted before the commencement of
this Act in pursuance of that section, and (b)
the renewal
fee in respect of a patent granted under that Act shall be as fixed thereunder. (3)
Save as
otherwise provided in sub-section (2), the provisions of this Act shall apply
to any application for a patent pending at the commencement of this Act and to
any proceedings consequent thereon and to any patent granted in pursuance
thereof. (4)
The mention
of particular matters in this section shall not prejudice the general
application of the General Clauses Act, 1897 (10 of 1897), with respect to
repeals. (5)
Notwithstanding
anything contained in this Act, any suit for infringement of a patent or any
proceeding for revocation of a patent, pending in any court at the commencement
of this Act, may be continued and disposed of, as if this Act had not been
passed.] Compulsory Licences and Revocation [58][* * *].] [59][* * *] [60][* * *] [61][* * *] [62][* * *] [64][* * *].] [65][* * *] [66][* * *] [67][* * *] [68][* * *] [69][* * *] [70][* * *] Legal Proceedings [71][* * *] [72][* * *] [73][* * *] [74][* * *] [75][* * *] [76][* * *] [77][* * *] [78][* * *] [79][* * *] [80][* * *] [82][* * *].] [83][* * *] Miscellaneous [84][* * *] [86][* * *].] [88][* * *].] [89][* * *] [91][* * *] [92][* * *] [94][* * *] Part II DESIGNS Registration of Designs (1)
The
Controller may, on the application of any person claiming to be the proprietor
of any new or original design not previously published in [95][India],
register the design under this Part. (2)
The
application must be made in the prescribed form and must be left at the Patent
Office in the prescribed manner and must be accompanied by the prescribed fee. (3)
The same
design may be registered in more than one class, and, in case of doubt as to
the class in which a design ought to be registered, the Controller may decide
the question. (4)
The
Controller may, if he thinks fit, refuse to register any design presented to
him for registration; but any person aggrieved by any such refusal may appeal
to the Central Government. (5)
An application
which, owing to any default or neglect on the part of the applicant, has not
been completed so as to enable registration to be effected within the
prescribed time shall be deemed to be abandoned. (6)
A design
when registered shall be registered as of the date of the application for
registration. Where a design has been registered in one or more classes of goods, the
application of the proprietor of the design to register it in some one or more
other classes shall not be refused, nor shall the registration thereof be
invalidated. (a)
on the
ground of the design not being a [96][new
or original design], by any reason only that it was so previously registered;
or (b)
on the
ground of the design having been previously published in [97][India],
by reason only that it has been applied to goods of any class in which it was
so previously registered: [98][Provided that such subsequent registration shall not extend the period
of copyright in the design beyond that arising from previous registration.] (1)
The
Controller shall grant a certificate of registration to the proprietor of the
design when registered. (2)
The
Controller may, in case of loss of the original certificate, or in any other case
in which he deems it expedient, furnish one or more copies of the certificate. (1)
There shall
be kept at the Patent Office a book called the Register of Designs, wherein
shall be entered the names and addresses of proprietors of registered designs,
notifications of assignments and of transmissions of registered designs, and
such other matters as may be prescribed. (2)
The register
of designs existing at the commencement of this Act shall be incorporated with
and form part of the register of designs under this Act. (3)
The register
of designs shall be prima-facie evidence of any matters by this Act
directed or authorized to be entered therein. Copyright in Registered Designs (1)
When a
design is registered, the registered proprietor of the design shall, subject to
the provisions of this Act, have copyright in the design during five years from
the date of registration. (2)
If [99][*
* *] before the expiration of the said five years application for the extension
of the period of copyright is made to the Controller in the prescribed manner,
the Controller shall, on payment of the prescribed fee, extend the period of
copyright for a second period of five years from the expiration of the original
period of five years. (3)
If [100][*
* *] before the expiration of such second period of five years application for
the extension of the period of copyright is made to the Controller in the
prescribed manner, the Controller may, subject to any rules under this Act, on payment
of the prescribed fee, extend the period of copyright for a third period of
five years from the expiration of the second period of five years. (1)
Before
delivery on sale of any articles to which a registered design has been applied,
the proprietor shall. (a)
(if exact
representations or specimens were not furnished on the application for
registration), furnish to the Controller the prescribed number of exact
representations or specimens of the design; and, if he fails to do so, the
Controller may erase his name from the register, and thereupon the copyright in
the design shall cease; and (b)
cause each
such article to be marked with the prescribed mark, or with the prescribed
words or figures, denoting that the design is registered; and, if he fails to
do so, the proprietor shall not be entitled to recover any penalty or damages
in respect of any infringement of his copyright in the design unless he shows
that he took all proper steps to ensure the marking of the article, or unless
he shows that the infringement took place after the person guilty thereof knew
or had received notice of the existence of the copyright in the design. (2)
Where a
representation is made to the Central Government by or on behalf of any trade
or industry that in the interests of the trade or industry it is expedient to
dispense with or modify as regards any class or description of articles any of
the requirements of this section as to marking, the Central Government may, if
it thinks fit, by rule under this Act, dispense with or modify such
requirements as regards any such class or description of articles to such
extent and subject to such conditions as it thinks fit. The disclosure of a design by the proprietor to any other person, in
such circumstances as would make it contrary to good faith for that other
person to use or publish the design, and the disclosure of a design in breach
of good faith by any person other than the proprietor of the design, and the
acceptance of a first and confidential order for goods bearing a new or
original textile design intended for registration, shall not be deemed to be a
publication of the design sufficient to invalidate the copyright thereof if
registration thereof is obtained subsequently to the disclosure or acceptance. (1)
During the
existence of copyright in a design, or such shorter period not being less than
two years from the registration of the design as may be prescribed, the design
shall not be open to inspection except by the proprietor or a person authorized
in writing by him, or a person authorized by the Controller or by the Court and
furnishing such information as may enable the Controller to identify the
design, and shall not be open to the inspection of any person except in the
presence of the Controller, or of an officer acting under him, and on payment
of the prescribed fee; and the person making the inspection shall not be
entitled to take any copy of the design, or of any part thereof: Provided that, where registration of a design is refused on the ground
of identity with a design already registered, the applicant for registration
shall be entitled to inspect the design so registered. (2)
After the expiration
of the copyright in a design, or such shorter period as aforesaid, the design
shall be open to inspection, and copies thereof may be taken by any person on
payment of the prescribed fee. (3)
Different
periods may be prescribed under this section for different classes of goods. On the request of any person furnishing such information as may enable
the Controller to identify the design, and on payment of the prescribed fee,
the Controller shall inform such person whether the registration still exists
in respect of the design, and, if so, in respect of what classes of goods, and
shall state the date of registration, and the name and address of the
registered proprietor. (1)
Any person
interested may present a petition for the cancellation of the registration of a
design. (a)
at any time
after the registration of the design, to the High Court on any of the following
grounds, namely. (i)
that the
design has been previously registered in [102][India];
or (ii)
that it has
been published in [103][India]
prior to the date of registration; or (iii)
that the
design is not a new or original design; or (b)
within one
year from the date of the registration, to the Controller on either of the
grounds specified in sub-clauses (i) and (ii) of clause (a). (2)
An appeal
shall lie from any order of the Controller under this section to the High
Court, and the Controller may at any time refer any such petition to the High
Court, and the High Court shall decide any petition so referred. A registered design shall have to all intents the like effect as against
Government as it has against any person and the provisions of Chapter XVII of
the Patents Act, 1970, shall apply to registered designs as they apply to
patents.] Industrial and International Exhibitions The exhibition of a design, or of any article to which a design is
applied, at an industrial or other exhibition to which the provisions of this
section have been extended by the Central Government by notification in the
Official Gazette, or the publication of a description of the design, during the
period of the holding of the exhibition, or the exhibition of the design or the
article or the publication of a description of the design by any person
elsewhere during or after the period of the holding of the exhibition, without
the privity or consent of the proprietor, shall not prevent the design from
being registered or invalidate the registration thereof: Provided that. (a)
the
exhibitor exhibiting the design or article, or publishing a description of the design,
gives to the Controller previous notice in the prescribed form; and (b)
the
application for registration is made within six months from the date of first
exhibiting the design or article or publishing a description of the design.] Legal Proceedings (1)
During the
existence of copyright in any design it shall not be lawful for any person. (a)
for the
purpose of sale to apply or cause to be applied to any article in any class of
goods in which the design is registered the design or any fraudulent or obvious
imitation thereof, except with the license or written consent of the registered
proprietor, or to do anything with a view to enable the design to be so
applied; or [106][(aa) to import for the purposes of sale, without the consent of the
registered proprietor, any article belonging to the class in which the design
has been registered, and having applied to it the design or any fraudulent or
obvious imitation thereof; or] (b)
knowing that
the design or any fraudulent or obvious imitation thereof has been applied to
any article [107][in
any class of goods in which the design is registered] without the consent of
the registered proprietor, to publish or expose or cause to be published or
exposed for sale that article. (2)
If any person
acts in contravention of this section, he shall be liable for every
contravention. (a)
to pay to
the registered proprietor of the design a sum not exceeding five hundred rupees
recoverable as a contract debt, or (b)
if the
proprietor elects to bring a suit for the recovery of damages for any such
contravention, and for an injunction against the repetition thereof, to pay
such damages as may be awarded and to be restrained by injunction accordingly: Provided that the total sum recoverable in respect of any one design
under clause (a) shall not exceed one thousand rupees. (3)
When the
Court makes a decree in a suit under sub-section (2), it shall send a copy of
the decree to the Controller, who shall cause an entry thereof to be made in
the register of designs. The provisions of [108][the
Patents Act, 1970] with regard to certificates of the validity of a patent, and
to the remedy in case of groundless threats of legal proceedings by a patentee
shall apply in the case of registered designs in like manner as they apply in
the case of patents, with the substitution of references to the copyright in a
design for references to a patent, and of references to the proprietor of a
design for references to the patentee, and of references to the designs for
references to the invention. Part III GENERAL Patent Office and Proceedings thereat [109][* * *] [110][* * *] Fees [111][(1) There shall be paid in respect of the registration of designs and
applications therefor and in respect of other matters relating to designs under
this Act such fees as may be prescribed by the Central Government.] (2) A proceeding in respect of which a fee is
payable under this Act or the rules made thereunder shall be of no effect
unless the fee has been paid. Provisions as to Registers and other Documents in
the Patent Office There shall not be entered in any register kept under this Act, or be
receivable by the Controller, any notice of any trust, expressed, implied or
constructive. Every register kept under this Act shall at all convenient times be open
to the inspection of the public, subject to the provisions of this Act; and
certified copies, sealed with the seal of the Patent Office, of any entry in
any such register shall be given to any person requiring the same on payment of
the prescribed fee. [113][* * *].] Reports of or to the Controller made under this Act shall not in any
case be published or be open to public inspection. (1)
[114][* * *] (2)
Where an
application for a design has been abandoned or refused, the application and any
drawings, photographs, tracings, representations or specimens left in
connection with the application shall not at any time be open to public
inspection or be published by the Controller. The Controller may, on request in writing accompanied by the prescribed
fee, correct any clerical error in the representation of a design or in the
name or address of the proprietor of any design or in any other matter which is
entered upon the register of designs.] [116][(1) Where a person becomes entitled by assignment, transmission or
other operation of law [117][*
* *] to the copyright in a registered design, he may make application to the
Controller to register his title, and the Controller shall, on receipt of such
application and on proof of title to his satisfaction, register him as the
proprietor of such [118][*
* *] design, and shall cause an entry to be made in the prescribed manner in
the register of the assignment, transmission or other instrument affecting the
title. (2) ? Where any person becomes entitled as mortgagee,
licensee or otherwise to any interest in a [119][*
* *] registered design, he may make application to the Controller to register
his title, and the Controller shall, on receipt of such application and on
proof of title to his satisfaction, cause notice of the interest to be entered
in the prescribed manner in the register of [120][designs,]
with particulars of the instrument, if any, creating such interest.] (3) ?The
person registered as the proprietor of a [121][*
* *] 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 [122][*
* *] design and to give effectual receipts for any consideration for any such
assignment, license or dealing; Provided that any equities in respect of the [123][*
* *] design may be enforced in like manner as in respect of any other moveable
property. [124][(4) Except in the case of an application made under Section 64, a
document or instrument in respect of which no entry has been made in the
register in accordance with the provisions of sub-sections (1) and (2) shall
not be admitted in evidence in any Court in proof of the title [125][*
* *] to copyright in a design or to any interest therein, unless the Court, for
reasons to be recorded in writing, otherwise directs.] (1)
[126][The Controller] may, on the application in the prescribed manner of any
person aggrieved by the non-insertion in or omission from the register of [127][*
* *] designs of any entry, or by any entry made in [128][*
* *] such register without sufficient cause, or by any entry wrongly remaining
on [129][*
* *] such register, or by an error or defect in any entry in [130][*
* *] such register, make such order for making, expunging or varying such
entry [131][as
he thinks fit and rectify the register accordingly]. (2)
The [132][Controller]
may in any proceeding under this section decide any question that it may be
necessary or expedient to decide in connection with the rectification of a
register. (3)
[133][An appeal shall lie to the High Court from any order of the Controller
under this section; and the Controller may refer any application under this
section to the High Court for decision, and the High Court shall dispose of any
application so referred.] (4)
Any order of
the Court rectifying a register shall direct that notice of the rectification
be served on the Controller in the prescribed manner, who shall upon the
receipt of such notice rectify the register accordingly. (5)
[134][Nothing in this section shall be deemed to empower the Controller. (a)
[135][* * *] (b)
to make any
such order cancelling the registration of a design as is provided for in
Section 51-A.] Powers and Duties of Controller Subject to any rules in this behalf, the Controller in any proceedings
before him under this Act shall have the powers of a Civil Court for the
purpose of receiving evidence, [136][*
* *] administering oaths, [137][*
* *] enforcing the attendance of witnesses, [138][*
* *] [139][compelling
the discovery and production of documents, issuing commissions for the
examining of witnesses and awarding costs and such award shall be executable in
any Court having jurisdiction as if it were a decree of that Court.] [140][* * *] Where any discretionary power is by or under this Act given to the
Controller, he shall not exercise that power adversely to the applicant [141][*
* *] for registration of a design, without (if so required within the
prescribed time by the applicant) giving the applicant an opportunity of being
heard. The Controller may, in any case of doubt or difficulty arising in the
administration of any of the provisions of this Act, apply to the Central
Government for directions in the matter. [142][(1)] The Controller may refuse [143][*
* *] to register a design, of which the use would, in his opinion, be contrary
to law or morality. [144][(2) An appeal shall lie to the Central Government from an order of the
Controller under this section.] (1)
Where an
appeal is declared by this Act to lie from the Controller to the Central
Government the appeal shall be made within [145][three]
months of the date of the order passed by the Controller, and shall be in
writing, and accompanied by the prescribed fee. (2)
In
calculating the said period of [146][three]
months the time (if any) occupied in granting a copy of the order appealed
against shall be excluded. (3)
The Central
Government may, if it thinks fit, obtain the assistance of an expert in
deciding such appeals, and the decision of the Central Government shall be
final. Evidence, etc. Subject to any rules made under Section 77, in any proceeding under this
Act before the Controller, the evidence shall be given by affidavit, in the
absence of directions by the Controller to the contrary; but in any case, in
which the Controller thinks it right so to do he may take evidence viva
voce in lieu of or in addition to evidence by affidavit or may allow any
party to be cross-examined on the contents of his affidavit.] A certificate purporting to be under the hand of the Controller as to
any entry, matter or thing which he is authorized by this Act, or any rules
made thereunder, to make or do, shall be prima-facie evidence of the
entry having been made, and of the contents thereof, and of the matter or thing
having been done or left undone. Printed or written copies or extracts, purporting to be certified by the
Controller and sealed with the seal of the Patent Office, of [149][*
* *] documents in the Patent Office, and of or from registers and other books
kept there, shall be admitted in evidence in all Courts in [150][India],
and in all proceedings, without further proof or production of the originals: Provided that a Court may, if it has reason to doubt the accuracy or
authenticity of the copies tendered in evidence, require the production of the
originals or such further proof as it considers necessary.] [152][* * *].] Any application, notice or other document authorized or required to be
left, made or given at the Patent Office or to the Controller, or to any other
person under this Act, may be sent by post. (1)
If any
person is, by reason of infancy, lunacy or other disability, incapable of
making any statement or doing anything required or permitted by or under this
Act, the lawful guardian, committee or manager (if any) of the person subject
to the disability, or, if there be none, any person appointed by any Court
possessing jurisdiction in respect of his property, may make such statement or
a statement as nearly corresponding thereto as circumstances permit, and do
such thing in the name and on behalf of the person subject to the disability. (2)
An
appointment may be made by the Court for the purposes of this section upon the
petition of any person acting on behalf of the person subject to the disability
or of any other person interested in the making of the statement or the doing
of the thing. [154][* * *].] Agency [155][* * *] (1)
All [156][*
* *] 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 authorised to the satisfaction of
the Controller. (2)
The Controller
may, if he sees fit, require. (a)
any such
agent to be resident in [157][India]; (b)
any person
not residing in [158][India]
to employ an agent residing in [159][India]; (c)
the personal
signature or presence of any applicant, [160][*
* *] or other person. Powers, etc., of Central Government (1)
The Central
Government may make such rules[161] as
it thinks expedient subject to the provisions of this Act. (a)
for
regulating the practice of registration under this Act; (b)
for classifying
goods for the purposes of designs; (c)
for making
or requiring duplicates of [162][*
* *], drawings and other documents; (d)
for securing
and regulating the publishing and selling of copies, at such prices and in such
manner as the Central Government thinks fit, of [163][*
* *], drawings and other documents; [164][(e) providing for the inspection of documents in the patent office and
for the manner in which they may be published;] [165][(ee) for the manner in which fees leviable under this Act may be paid; [166][* * *]] (f) ???generally, for regulating the business of
the Patent Office, the conduct of proceedings before the Controller, and all
things by this Act placed under the direction or control of the Controller or
of the Central Government; and (g) ??generally, for the purpose of carrying into
effect the provisions of this Act. (2)
The power to
make rules under this section shall be subject to the condition of the rules
being made after previous publication. [167][* * *] (3)
All rules
made under this section shall be published in the Official Gazette, and on such
publication shall have effect as if enacted in this Act. (4)
[168][Every rule made under this section shall be laid, as soon as may be
after it is made, before each House of Parliament, while it is in session, for
a total period of thirty days which may be comprised in one session or in two
or more successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions aforesaid, both
Houses agree in making any modification in the rule or both Houses agree that
the rule should not be made, the rule shall thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.] Offences [169][* * *] [170][Reciprocal arrangements with the United Kingdom and other parts of His
Majesty's dominions] (1)
Any person
who has applied for protection for any design in the United Kingdom 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: Provided that. (a)
the
application is made within six months from the application for protection in
the United Kingdom; and (b)
nothing in
this section shall entitle the proprietor of the design to recover damages for
infringements happening prior to the actual date on which the design is
registered in India. (2)
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. (3)
The application
for the registration of a design under this section must be made in the same
manner as an ordinary application under this Act. (4)
Where it is
made to appear to the Central Government that the legislature of any such
Commonwealth country as may be notified by the Central Government in this
behalf has made satisfactory provision for the protection of designs registered
in India, the Central Government may, by notification in the Official Gazette,
direct that the provisions of this section, with such variations or additions,
if any, as may be set out in such notification, shall apply for the protection
of designs registered in that Commonwealth country.] [172][Reciprocal arrangements with the United Kingdom and other parts of His
Majesty's dominions] [174][* * *].] [176][* * *] Section - [177][78-D.
Consequences of directions under Section 78-B or Section 78-C. [178][* * *].] [180][* * *].] Savings and Repeal [181][Repealed by the Adaptation of Laws Order, 1950.] (1)
[182][If immediately before. (i)
the 18th day
of April, 1950, in relation to any Part B State other than the State of Jammu
and Kashmir, and (ii)
the date of
commencement of the Jammu and Kashmir (Extension of Laws) Act, 1956, in
relation to the State of Jammu and Kashmir, there was in force in the Part B
State concerned] any law corresponding to this Act, that corresponding law
shall be deemed to have been repealed on the date aforesaid: Provided that the repeal shall not affect. (a)
the previous
operation of any law so repealed or anything duly done or suffered thereunder,
or (b)
any right,
privilege, obligation or liability acquired, accrued or incurred under any law
so repealed, or (c)
any penalty,
forfeiture or punishment incurred in respect of any offence committed against
any law so repealed, or (d)
any
investigation, legal proceeding or remedy in respect of any such right,
privilege, obligation, liability, penalty, forfeiture or punishment as
aforesaid, and any such investigation, legal proceeding or remedy may be
instituted, continued or enforced, and any such penalty, forfeiture or
punishment may be imposed, as if this Act had not come into force in the Part B
State concerned: Provided further that, subject to the preceding proviso, anything done
or any action taken, including any patent, permit or licence granted or
registration effected under any such corresponding law shall be deemed to have
been done or taken under the corresponding provision of this Act as now extended
to that State and shall continue to be in force accordingly, unless and until
superseded by anything done or any action taken under this Act. (2)
Nothing
contained in Section 6 of the Part B States (Laws) Act, 1951 (3 of 1951), [183][or
Section 5 of the Jammu and Kashmir (Extension of Laws) Act, 1956 (62 of 1956),]
shall have effect in relation to this Act.] [Repealed by the Repealing and Amending Act, 1920 (31 of
1920), Section 3 and Schedule II.] (See Section 57) Fees [184][* * *] [1] The words
?Inventions and? omitted by Act 39 of 1970, Section 162 and Schedule (w.e.f.
20-4-1972). [2] The words
?inventions and? omitted by Act 39 of 1970, Section 162 and Schedule (w.e.f.
20-4-1972). [3] The words
?Indian Patents and? omitted by Act 39 of 1970, Section 162 and Schedule
(w.e.f. 20-4-1972). [4]
Substituted by Act 32 of 1950, Section 3, for the former sub-section. [5] The words
?except the State of Jammu and Kashmir? omitted by Act 62 of 1956, Section 2
and Schedule. [6] Clause (1)
omitted by Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [7] The words
and brackets ?(as respects designs)? omitted by Act 39 of 1970, Section 162 and
Schedule (w.e.f. 20-4-1972). [8]
Substituted by Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [9]
Substituted by Act 7 of 1930, Section 2, for the original clause. [10]
Substituted for ?Section 478? by Act 39 of 1970, Section 162 and Schedule
(w.e.f. 20-4-1972). [11] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [12]
Substituted by the Adaptation of Laws (No. 2) Order, 1956, for the former
clause. [13]
Substituted for original clause (b) by Punjab Reorganisation and Delhi High
Court (Adaptation of Laws on Union Subjects) Order, 1968, dated 30-10-1968
(w.r.e.f. 1-11-1956). [14] Omitted by
G.S.R. 26(E), dated 23-1-1973 (w.r.e.f. 25-1-1971). [15]
Substituted for ?Manipur or Tripura, the High Court of Assam? by G.S.R. 7(E),
dated 2-1-1974 (w.r.e.f. 21-1-1972). [16]
Substituted for ?the Laccadive, Minicoy and Amindivi Islands? by G.S.R. 432(E),
dated 21-10-1974 (w.r.e.f. 1-11-1973). [17] Inserted
by Punjab Reorganisation and Delhi High Court (Adaptation of Laws on Union
Subjects) Order, 1968, dated 30-10-1968 (w.r.e.f. 1-11-1956). [18] Inserted
by Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [19] Clause
(7-A), inserted by Act 32 of 1950, Section 4, omitted by Act 62 of 1956,
Section 2 and Schedule. [20] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [21] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [22]
Substituted by Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [23]
Substituted by Act 7 of 1930, Section 2, for ?new and original?. [24] Clause
(15), inserted by the A.O. 1950, omitted by Act 32 of 1950, Section 4. [25] Inserted
by Act 32 of 1950, Section 5. [26] Part I,
consisting of Sections 3 to 42, omitted by Act 39 of 1970, Section 162 and
Schedule (w.e.f. 20-4-1972). [27] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [28]
Substituted by Act 9 of 1945, Section 3, for the original section. [29] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [30] Inserted
by Act 9 of 1945, Section 4. [31] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [32] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [33] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [34] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [35]
Substituted by Act 9 of 1945, Section 7, for the original section. [36] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [37] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [38] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [39] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [40] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [41] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [42] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [43] Inserted
by Act 9 of 1945, Section 10. [44] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [45] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [46] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [47] Inserted
by Act 7 of 1930, Section 11. [48] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [49] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). 50. [50] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [51] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [52] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [53] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [54] Sections
21 and 21-A substituted by Act 7 of 1930, Section 15, for the original Section
21. [55] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [56] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [57] Sections
22, 23 and 23-A to 23-G substituted by Act 32 of 1950, Section 6, for the
former Sections 22, 23 and 23-A. [58] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [59] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [60] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [61] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [62] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [63] Inserted
by Act 70 of 1952, Section 2. [64] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [65] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [66] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [67] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [68] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [69] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [70] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [71] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [72] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [73] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [74] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [75] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [76] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [77] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [78] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [79] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [80] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [81] Inserted
by Act 7 of 1930, Section 21. [82] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [83] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [84] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [85]
Substituted by Act 12 of 1939, Section 9, for the original section. [86] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [87] Inserted
by Act 9 of 1945, Section 12. [88] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [89] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [90]
Substituted by Act 12 of 1939, Section 10, for the original section. [91] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [92] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [93] The
provisions of Section 42 apply to the use of an invention on aircraft not
registered in India in like manner as they apply to the use of an invention in
a foreign vessel, see the Indian Aircraft Act, 1934 (22 of 1934), Section 15. [94] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [95]
Substituted by Act 32 of 1950, Section 2, for ?the States?. [96]
Substituted by Act 7 of 1930, Section 23, for ?new and original design?. [97]
Substituted by Act 32 of 1950, Section 2, for ?the States?. [98] Inserted
by Act 7 of 1930, Section 23. [99] The words
?within the prescribed time? omitted by Act 12 of 1939, Section 11. [100] The words
?within the prescribed time? omitted by Act 12 of 1939, Section 11. [101] Inserted
by Act 7 of 1930, Section 24. [102]
Substituted by Act 32 of 1950, Section 2, for ?the States?. [103]
Substituted by Act 32 of 1950, Section 2, for ?the States?. [104]
Substituted by Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [105]
Substituted by Act 12 of 1939, Section 12, for the original section. [106] Inserted
by Act 12 of 1939, Section 13. [107] Inserted
by Act 12 of 1939, Section 13. [108]
Substituted for ?this Act? by Act 39 of 1970, Section 162 and Schedule (w.e.f.
20-4-1972). [109] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [110] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [111]
Sub-section (1) substituted by Act 39 of 1970, Section 162 and Schedule (w.e.f.
20-4-1972). [112] Inserted
by Act 12 of 1939, Section 14. [113] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [114]
Substituted by Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [115]
Substituted by Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [116]
Substituted by Act 7 of 1930, Section 26, for the original sub-sections (1) and
(2). [117] The words
?to a patent or? omitted by Act 39 of 1970, Section 162 and Schedule (w.e.f.
20-4-1972). [118] The words
?patent or? omitted by Act 39 of 1970, Section 162 and Schedule (w.e.f.
20-4-1972). [119] The words
?patent or? omitted by Act 39 of 1970, Section 162 and Schedule (w.e.f.
20-4-1972). [120]
Substituted for ?patents or designs, as the case may be,? by Act 39 of 1970,
Section 162 and Schedule (w.e.f. 20-4-1972). [121] The words
?patents or? omitted by Act 39 of 1970, Section 162 and Schedule (w.e.f.
20-4-1972). [122] The words
?patents or? omitted by Act 39 of 1970, Section 162 and Schedule (w.e.f.
20-4-1972). [123] The words
?patents or? omitted by Act 39 of 1970, Section 162 and Schedule (w.e.f.
20-4-1972). [124] Inserted
by Act 7 of 1930, Section 26. [125] The words
?to a patents or? omitted by Act 39 of 1970, Section 162 and Schedule (w.e.f.
20-4-1972). [126][126]
Substituted by Act 7 of 1930, Section 27, for ?A High Court?. [127][127] The words
?patents or? omitted by Act 39 of 1970, Section 162 and Schedule (w.e.f.
20-4-1972). [128] The word
?either? omitted by Act 39 of 1970, Section 162 and Schedule (w.e.f.
20-4-1972). [129] The word
?either? omitted by Act 39 of 1970, Section 162 and Schedule (w.e.f.
20-4-1972). [130] The word
?either? omitted by Act 39 of 1970, Section 162 and Schedule (w.e.f.
20-4-1972). [131]
Substituted by Act 7 of 1930, Section 27, for ?as it may think fit?. [132] Substituted
by Act 7 of 1930, Section 27, for ?Court?. [133]
Substituted by Act 7 of 1930, Section 27, for the original sub-section. [134]
Substituted by Act 7 of 1930, Section 27, for the original sub-section. [135] Clause (a)
omitted by Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [136] The word
?and? omitted by Act 12 of 1939, Section 15. [137] The word
?and? omitted by Act 12 of 1939, Section 15. [138] The word
?and? omitted by Act 12 of 1939, Section 15. [139] Substituted
by Act 12 of 1939, Section 15, for ?compelling the production of documents and
awarding costs?. [140] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [141] The words
?for a patent, or for amendment of an application or of a specification, or?
omitted by Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [142] Section
69, renumbered as sub-section (1) of that section by Act 7 of 1930, Section 28. [143] The words
?to grant a patent for an invention or? omitted by Act 39 of 1970, Section 162
and Schedule (w.e.f. 20-4-1972). [144] Inserted
by Act 7 of 1930, Section 28. [145]
Substituted by Act 7 of 1930, Section 29, for ?two?. [146]
Substituted by Act 7 of 1930, Section 29, for ?two?. [147] Inserted
by Act 12 of 1939, Section 16. [148] Inserted
by Act 12 of 1939, Section 17. [149] The words
?or from patents, specifications and other? omitted by Act 39 of 1970, Section
162 and Schedule (w.e.f. 20-4-1972). [150]
Substituted by Act 32 of 1950, Section 2, for ?the States?. [151]? Substituted by Act 12 of 1939, Section 18,
for the original section. [152] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [153] Inserted
by Act 7 of 1930, Section 30. [154] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [155] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [156] The word
?other? omitted by Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [157]
Substituted by Act 32 of 1950, Section 2, for ?the States?. [158]
Substituted by Act 32 of 1950, Section 2, for ?the States?. [159]
Substituted by Act 32 of 1950, Section 2, for ?the States?. [160] The word
?opponent? omitted by Act 39 of 1970, Section 162 and Schedule (w.e.f.
20-4-1972). [161] For the
Indian Patents and Designs Rules, 1933 and the Indian Secret Patent Rules,
1933, see Gazette of India, 1933, Part II, p. 99 and p. 157, respectively. [162] The word
?specifications? omitted by Act 39 of 1970, Section 162 and Schedule (w.e.f.
20-4-1972). [163] The word
?specifications? omitted by Act 39 of 1970, Section 162 and Schedule (w.e.f.
20-4-1972). [164]
Substituted by Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [165] Inserted
by Act 7 of 1930, Section 31. [166] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [167] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [168] Inserted
by Act 4 of 1986, Section 2 and Schedule. [169] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [170] The
heading and Section 78-A inserted by Act 29 of 1920, Section 2. [171]
Substituted by Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [172] The
heading and Section 78-A inserted by Act 29 of 1920, Section 2. [173] Inserted
by Act 44 of 1968, Section 2 (w.e.f. 10-7-1968). [174] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [175] Inserted
by Act 44 of 1968, Section 2 (w.e.f. 10-7-1968). [176] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [177] Inserted
by Act 44 of 1968, Section 2 (w.e.f. 10-7-1968). [178] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [179] Inserted
by Act 44 of 1968, Section 2 (w.e.f. 10-7-1968). [180] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972). [181] Inserted
by Act 3 of 1951, Section 3 and Schedule. The original Section 80 repealed by
Act 12 of 1927, Section 2 and Schedule. [182]
Substituted by Act 62 of 1956, Section 2 and Schedule, for ?If immediately
before 18-4-1950, there was in force in any Part B State to which this Act
extends?. [183] Inserted
by Act 62 of 1956, Section 2 and Schedule. [184] Omitted by
Act 39 of 1970, Section 162 and Schedule (w.e.f. 20-4-1972).Patents and
Designs Act, 1911 [Repealed]
and Trade Marks appointed under sub-section (1) of Section 4 of the Trade and
Merchandise Marks Act, 1958 (43 of 1958);]