{"id":6333,"date":"2021-06-22T06:59:58","date_gmt":"2021-06-22T06:59:58","guid":{"rendered":"https:\/\/swaritadvisors.com\/blog\/?p=6333"},"modified":"2021-11-30T06:36:12","modified_gmt":"2021-11-30T06:36:12","slug":"renewal-and-restoration-of-design-in-india","status":"publish","type":"post","link":"https:\/\/swaritadvisors.com\/blog\/renewal-and-restoration-of-design-in-india\/","title":{"rendered":"Renewal and Restoration of Design in India \u2013 An Overview"},"content":{"rendered":"\n<p class=\"has-drop-cap\">The primary purpose of the <strong><em>Design Act, 2000<\/em><\/strong>, is to\nsafeguard any unique or original design created by an individual that applies\nto a specific article that is to be manufactured by a process or an industrial\nmeans. The Design Registration is done to look that the creator of a new design\nnot deprived of his or her genuine rewards. To prevent Design Infringement, the\nDesign Act furnishes provisions concerning the renewal and restoration of\nDesign in India. The owner of an incorporated design is given all opportunities\nto save the rights connected with the owner&#8217;s Design by offering provisions\nregarding renewal and restoration of Design in India. In this write, we are\ngoing to discuss the renewal &amp; restoration of Design in India.<\/p>\n\n\n\n<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_65 counter-hierarchy ez-toc-counter ez-toc-light-blue ez-toc-container-direction\">\n<p class=\"ez-toc-title\">Table of Contents<\/p>\n<label for=\"ez-toc-cssicon-toggle-item-6a3c7a4730fac\" class=\"ez-toc-cssicon-toggle-label\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/label><input type=\"checkbox\"  id=\"ez-toc-cssicon-toggle-item-6a3c7a4730fac\"  aria-label=\"Toggle\" \/><nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/swaritadvisors.com\/blog\/renewal-and-restoration-of-design-in-india\/#What_is_the_Meaning_of_Design\" title=\"What is the Meaning of Design?\">What is the Meaning of Design?<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/swaritadvisors.com\/blog\/renewal-and-restoration-of-design-in-india\/#Renewal_and_Restoration_of_Design_in_India_%E2%80%93_An_Overview\" title=\"Renewal\nand Restoration of Design in India \u2013 An Overview\">Renewal\nand Restoration of Design in India \u2013 An Overview<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/swaritadvisors.com\/blog\/renewal-and-restoration-of-design-in-india\/#Vital_Necessities_for_the_Renewal_and_Restoration_of_Design_in_India\" title=\"\n\n\n\nVital Necessities for the\nRenewal and Restoration of Design in India\n\n\n\n\">\n\n\n\nVital Necessities for the\nRenewal and Restoration of Design in India\n\n\n\n<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/swaritadvisors.com\/blog\/renewal-and-restoration-of-design-in-india\/#Procedure_or_Process_for_Renewal_and_Restoration_of_Design_in_India\" title=\"Procedure\nor Process for Renewal and Restoration of Design in India\">Procedure\nor Process for Renewal and Restoration of Design in India<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-2'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/swaritadvisors.com\/blog\/renewal-and-restoration-of-design-in-india\/#Conclusion\" title=\"Conclusion\">Conclusion<\/a><\/li><\/ul><\/nav><\/div>\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"What_is_the_Meaning_of_Design\"><\/span>What is the Meaning of Design?<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>As per Section 2 (d) of the Design Act, 2000, the\nmeaning of Design is provided. A design means a configuration, features of shape,\ncomposition or ornament of lines or colour or their combination which is\napplied to any article whether 2-D or 3-D or in both the forms, by any\nindustrial procedure or means, whether manual, chemical, mechanical or manual,\ncombined or separate, which is final or completed article appeal to and are\njudged exclusively by the eye. However, a design doesn&#8217;t comprise any\nconstruction or mode or anything which is in material or substance a simple\nmechanical device. The meaning of Design doesn&#8217;t include Trademark, as\nmentioned in <strong><em>Section 2 (V) of the Trade and Merchandise Marks, Act, 1958 <\/em><\/strong>and\nan artistic work\/property mark mentioned under Section 2(c) of the Copyright\nAct, 1957.<\/p>\n\n\n\n<p>Any individual who is claiming to be the owner of an original or unique design may apply for <a href=\"https:\/\/swaritadvisors.com\/design-registration\" class=\"text-primary\"><strong>Design Registration<\/strong><\/a> in India. A design owner may be from India or Convention Nation.<\/p>\n\n\n\n<p><strong><em>A design owner may be the following people:<\/em><\/strong><\/p>\n\n\n\n<ul><li>Design Author;<\/li><li>Any individual who has obtained\nthe Design;<\/li><li>Any individual for whom the\ncreator or author has developed the Design or;<\/li><li>Any individual on whom the\nDesign has been transferred or developed.<\/li><\/ul>\n\n\n\n<p>In\nIndia, a Design Registration application can be filed by the candidate or a\nprofessional person, i.e., a Patent agent or legal practitioner. Though, for\nthe candidates who are not living in India, an address of an agent living in\nIndia can be used as a service address.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Renewal_and_Restoration_of_Design_in_India_%E2%80%93_An_Overview\"><\/span>Renewal\nand Restoration of Design in India \u2013 An Overview<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<ol><li><strong><em>Renewal of Design<\/em><\/strong>: According to <strong><em>Section 11 of the Design Act, 2000<\/em><\/strong><sup><a href=\"https:\/\/ipindia.gov.in\/designs-act-2000.htm\" class=\"text-primary\"><strong>[1]<\/strong><\/a><\/sup>, whenever a design is registered under the Act, the registered owner has a Copyright in the Design for a time of ten years from the Design Registration date. Under <strong><em>Section 11 (2) of the Act, 2000, <\/em><\/strong>the provisions concerning the extension or renewal of Copyright of Design are provided. The extension or renewal of a Copyright of a registered design can be extended for a period of five years. The renewal can only be completed after the expiration of the actual time of ten years of Design Registration. The Controller does the design renewal after the registered owner fulfils all the necessities.<\/li><li><strong><em>Restoration of Expired Designed<\/em><\/strong>: In case Copyright of incorporated Design ceases to affect non-payment of fees of Copyright renewal, within the time period, the registered owner can go for the restoration of expired Design in India. The registered Design owner can file an application for expired design restoration within twelve months from the date on which the incorporated Design ceases to have an effect.<\/li><\/ol>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Vital_Necessities_for_the_Renewal_and_Restoration_of_Design_in_India\"><\/span>\n\n\n\nVital Necessities for the\nRenewal and Restoration of Design in India\n\n\n\n<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<ul><li><strong>Requirements for Renewal of Design in India<\/strong><\/li><\/ul>\n\n\n\n<ol><li>A renewal or extension\napplication for Copyright of Design must be filed before the expiry of the\nactual time period of ten years;<\/li><li>The designs wing is required to\nfinish the proceedings of extension or renewal of Copyright of Designs within\none week from the receipt date of Form-3;<\/li><li>The renewal or extension fact\nof Copyright in a registered Design is required to be entered in the Design\nRegister;<\/li><li>The extension or renewal Design\nmust be published in the Journal of Patent Office by the Design Wing.<\/li><\/ol>\n\n\n\n<ul><li><strong>Restoration\nof Expired Design in India<\/strong><\/li><\/ul>\n\n\n\n<ol><li>The registered owner or his\/her\nlegal representative can apply for the restoration;<\/li><li>In the case, if two or more\nindividuals hold the registered Design, then, with the Controller&#8217;s leave, one\nor more of these individuals without joining the other can apply for design\nrestoration;<\/li><li>In case the restoration\napplication of expired Design is filed by any other individual claiming to be\nthe registered design owner, then such an application must be accompanied by\nForm-11, for affecting a change or modification in name or ownership is\naffected as per provisions provided in the Design Act, 2000. Though, in a case\nwhere modification or change in name or ownership happened after the registered\nDesign ceased to have an effect, then such a restoration application from the\nlatter alleged owner of Design will not be diverted by the Design Wing;<\/li><li>In case the registered Design&#8217;s\nowner fails to register an alternation or change of a name after or before the\ntermination, he or she must apply for name alteration first in the Design\nRegister. The restoration application of expired Design must proceed only after\nalteration or change in name has been affected in the Designs Register.<\/li><\/ol>\n\n\n\n<ol><li>The registered owner or his\/her\nlegal representative can apply for the restoration;<\/li><li>In the case, if two or more\nindividuals hold the registered Design, then, with the Controller&#8217;s leave, one\nor more of these individuals without joining the other can apply for design\nrestoration;<\/li><li>In case the restoration\napplication of expired Design is filed by any other individual claiming to be\nthe registered design owner, then such an application must be accompanied by\nForm-11, for affecting a change or modification in name or ownership is\naffected as per provisions provided in the Design Act, 2000. Though, in a case\nwhere modification or change in name or ownership happened after the registered\nDesign ceased to have an effect, then such a restoration application from the\nlatter alleged owner of Design will not be diverted by the Design Wing;<\/li><li>In case the registered Design&#8217;s\nowner fails to register an alternation or change of a name after or before the\ntermination, he or she must apply for name alteration first in the Design\nRegister. The restoration application of expired Design must proceed only after\nalteration or change in name has been affected in the Designs Register.<\/li><\/ol>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Procedure_or_Process_for_Renewal_and_Restoration_of_Design_in_India\"><\/span>Procedure\nor Process for Renewal and Restoration of Design in India<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<ul><li><strong>Procedure for Design Renewal<\/strong><\/li><\/ul>\n\n\n\n<ol><li>The candidate is required to\nfile an application for extension or renewal for Design with the Design Wing;<\/li><li>The application for Design Renewal\nmust be filed in Form-3 as prescribed under Rule 23 of the Design Rules, 2001;<\/li><li>After receiving renewal\napplication of Design, the Design Wing will check for the date on which the\napplication is filed and will examine whether the candidate has filed the\nrenewal application within the given time period or not;<\/li><li>The Design Wing, when it is\nfulfilled that the renewal application is filed within the time limit, will\nexamine the application of Design Renewal. The Design Wing must complete the\nproceedings for extension or renewal of Design within one week from the receipt\ndate of the Form-3;<\/li><li>After permitting the extension\nor renewal of Design, the Design Wing must enter in the Design Register the\nfact of extension or renewal of Design. The Design Wing must also publish the\nfact of renewal or extension of Design in the Patent Office Journal in India.<\/li><\/ol>\n\n\n\n<ul><li><strong>Procedure for Design Restoration<\/strong><\/li><\/ul>\n\n\n\n<ol><li>The\ndesign restoration application must be filed with the Controller in For-4 as\nprovided under <strong><em>Rule 24 of the Design Rules, 2001<\/em><\/strong>. The Design Restoration\napplication must comprise a statement setting out the actual conditions that\nled to failure in fee payment for the Design Renewal;<\/li><li>The\nDesign restoration application must comprise the supporting evidence for the\npayment delay by the registered owner. The evidence must support the registered\nowners claim that the failure in payment was unintended and there has been no\nunnecessary delay in applying for Design Restoration from the part of the\nregistered owner;<\/li><li>The\nController may need some pieces of evidence in support of the statement made by\nthe registered owner;<\/li><li>Once\nthe Controller is fulfilled that the failure in fee payment for renewal of\nCopyright of a registered Design was unintended and also there was no\nunnecessary delay in making the Design Restoration application by the\nregistered owner, the Controller can give an order of restoration of Design\nRegistration of an expired design;<\/li><li>If\nthe Controller is of the thinking that there is a prima facie case for not\nallowing the restoration application, the registered owner of the Design must\nbe intimated accordingly. In such a case, the registered design owner may\nrequest the Controller for a hearing within one month from the receipt date of\nsuch intimation from the Controller. Unless the registered owner makes such a\nrequest for hearing, the restoration application of lapsed Design must be\nrefused or rejected by the Controller;<\/li><li>The\nregistered owner if requests for hearing within the permitted period and the\nController, after such a hearing, is fulfilled that the payment failure for the\nrenewal of Copyright of Design is unintended and there was no undue delay in\nthe making the restoration application of expired Design, the restoration\napplication of lapsed Design must be permitted by the Controller;<\/li><li>The\nfact that an incorporated design is restored must be published in Official\nJournal by the Controller.<\/li><\/ol>\n\n\n\n<h2 class=\"wp-block-heading\"><span class=\"ez-toc-section\" id=\"Conclusion\"><\/span>Conclusion<span class=\"ez-toc-section-end\"><\/span><\/h2>\n\n\n\n<p>The renewal &amp; restoration of Design in India is furnished for protecting the exclusive rights of the registered design owner. The owner is given a chance to save the rights connected with his or her Design and safeguard the Design from violation. The procedures of renewal and restoration of Design in India are provided in the Design Act, 2000 and Design Rules, 2001. The procedure of the renewal and restoration of Design in India is long-lasting &amp; time-taking.<\/p>\n\n\n\n<p class=\"text-left\"><b>Read our article<\/b>:<mark style=\"background: #fffd03 !important;\"><a href=\"https:\/\/swaritadvisors.com\/blog\/legal-structure-of-registered-designs-in-india\/\">Legal Structure of Registered Designs in India\n<\/a><\/mark><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The primary purpose of the Design Act, 2000, is to safeguard any unique or original design created by an individual that applies to a specific article that is to be manufactured by a process or an industrial means. The Design Registration is done to look that the creator of a new design not deprived of [&hellip;]<\/p>\n","protected":false},"author":6,"featured_media":6335,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[928],"tags":[713],"acf":[],"_links":{"self":[{"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/posts\/6333"}],"collection":[{"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/comments?post=6333"}],"version-history":[{"count":11,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/posts\/6333\/revisions"}],"predecessor-version":[{"id":6345,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/posts\/6333\/revisions\/6345"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/media\/6335"}],"wp:attachment":[{"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/media?parent=6333"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/categories?post=6333"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/swaritadvisors.com\/blog\/wp-json\/wp\/v2\/tags?post=6333"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}