Cancellation of Registration of Designs and Restoration of Lapsed Designs

Cancellation of Registration of Designs and Restoration of Lapsed Designs. Design registration grants exclusive rights to the owner for a unique shape, pattern or configuration of an article. However, these rights are subject to cancellation under specific conditions. Additionally, if a design registration lapses due to non-payment of renewal fees, it may be restored under certain provisions. The cancellation of design registration ensures that non-original or improperly registered designs do not enjoy exclusive rights. On the other hand, the restoration process provides relief to registered owners who may have unintentionally missed renewal deadlines. 
Cancellation of Design Registration
Legal Provisions
The cancellation of registered design is governed by Section 19 of the Designs Act, 2000. Any interested person may file for cancellation by presenting specific grounds before the Controller of Designs.
Grounds for Cancellation
A registered design may be canceled on the following grounds:
1. Lack of Novelty or Originality: If the design is not new or original and was previously disclosed in India or another country before registration.
2. Prior Publication or Use: If the design was published in a tangible form before the filing date.
3. Non-Conformity with the Definition of a Design: If the design does not comply with the definition under Section 2(d) of the Designs Act.
4. Fraudulent or Wrongful Registration: If the design was obtained by fraud or was wrongly registered.
5. Contravention of the Law: If the design is contrary to public order or morality.
Procedure for Cancellation
• An application for cancellation must be filed with the Controller of Designs in Form 8 along with the prescribed fee.
• The application must specify the grounds for cancellation and be supported by evidence.
• The Controller may issue a notice to the registered owner and invite counterstatements.
• If necessary, a hearing is conducted before the final decision is made.
• Upon cancellation, the design registration ceases to exist, and the design enters the public domain.
Restoration of Lapsed Designs
Legal Provisions
The restoration of a lapsed design is provided under Section 12(2) of the Designs Act, 2000 and Rule 30 of the Designs Rules, 2001. If the renewal fee is not paid within the prescribed period, the design registration lapses. However, the registered owner may apply for restoration within the grace period.
Procedure for Restoration
1. Filing an Application: The applicant must file Form 4 with the Controller of Designs along with the prescribed fee within one year from the date of expiry.
2. Statement of Justification: The applicant must provide reasons for non-payment of the renewal fee and justify the request for restoration.
3. Controller’s Decision: If satisfied that the lapse was unintentional and occurred due to valid reasons, the Controller may restore the registration.
4. Public Notice and Opposition: In some cases, a notice of restoration may be published, allowing third parties to object.
5. Restoration and Renewal: If no objections are raised, the design is restored upon payment of pending fees.
Conclusion
The cancellation of design registration ensures that non-original or improperly registered designs do not enjoy exclusive rights. On the other hand, the restoration process provides relief to registered owners who may have unintentionally missed renewal deadlines. These legal mechanisms helps businesses and designers protect their intellectual property effectively while ensuring compliance with the Designs Act, 2000.
FAQs
Q1. What is the time limit to apply for the cancellation of a registered design?
Ans. An interested party can apply for cancellation at any time after the registration of the design if valid grounds exist.
Q2. Can a design be restored after it has lapsed?
Ans. Yes, a lapsed design can be restored by filing Form 4 within one year from the date of expiry, along with a justification for non-payment of renewal fees.
Q3. What happens if a design is canceled?
Ans. If a design is canceled, it ceases to exist, and the rights granted to the owner become void, making it available for public use.
Q4. What documents are required for the restoration of a lapsed design?
Ans. A restoration application must include Form 4, proof of previous registration, an explanation for non-payment, and the prescribed fee.
Q5. Who can apply for the cancellation of a design?
Ans. Any interested party, including competitors or affected businesses, can apply for cancellation based on valid legal grounds.

Design registration grants exclusive rights to the owner for a unique shape, pattern or configuration of an article. However, these rights are subject to cancellation under specific conditions. Additionally, if a design registration lapses due to non-payment of renewal fees, it may be restored under certain provisions. The cancellation of design registration ensures that non-original or improperly registered designs do not enjoy exclusive rights. On the other hand, the restoration process provides relief to registered owners who may have unintentionally missed renewal deadlines.

Cancellation of Design Registration

Legal Provisions

The cancellation of registered design is governed by Section 19 of the Designs Act, 2000. Any interested person may file for cancellation by presenting specific grounds before the Controller of Designs.

Grounds for Cancellation

A registered design may be canceled on the following grounds:

1. Lack of Novelty or Originality: If the design is not new or original and was previously disclosed in India or another country before registration.

2. Prior Publication or Use: If the design was published in a tangible form before the filing date.

3. Non-Conformity with the Definition of a Design: If the design does not comply with the definition under Section 2(d) of the Designs Act.

4. Fraudulent or Wrongful Registration: If the design was obtained by fraud or was wrongly registered.

5. Contravention of the Law: If the design is contrary to public order or morality.

Procedure for Cancellation

• An application for cancellation must be filed with the Controller of Designs in Form 8 along with the prescribed fee.

• The application must specify the grounds for cancellation and be supported by evidence.

• The Controller may issue a notice to the registered owner and invite counterstatements.

• If necessary, a hearing is conducted before the final decision is made.

• Upon cancellation, the design registration ceases to exist, and the design enters the public domain.

Restoration of Lapsed Designs

Legal Provisions

The restoration of a lapsed design is provided under Section 12(2) of the Designs Act, 2000 and Rule 30 of the Designs Rules, 2001. If the renewal fee is not paid within the prescribed period, the design registration lapses. However, the registered owner may apply for restoration within the grace period.

Procedure for Restoration

1. Filing an Application: The applicant must file Form 4 with the Controller of Designs along with the prescribed fee within one year from the date of expiry.

2. Statement of Justification: The applicant must provide reasons for non-payment of the renewal fee and justify the request for restoration.

3. Controller’s Decision: If satisfied that the lapse was unintentional and occurred due to valid reasons, the Controller may restore the registration.

4. Public Notice and Opposition: In some cases, a notice of restoration may be published, allowing third parties to object.

5. Restoration and Renewal: If no objections are raised, the design is restored upon payment of pending fees.

Conclusion

The cancellation of design registration ensures that non-original or improperly registered designs do not enjoy exclusive rights. On the other hand, the restoration process provides relief to registered owners who may have unintentionally missed renewal deadlines. These legal mechanisms helps businesses and designers protect their intellectual property effectively while ensuring compliance with the Designs Act, 2000.

FAQs

Q1. What is the time limit to apply for the cancellation of a registered design?

Ans. An interested party can apply for cancellation at any time after the registration of the design if valid grounds exist.

Q2. Can a design be restored after it has lapsed?

Ans. Yes, a lapsed design can be restored by filing Form 4 within one year from the date of expiry, along with a justification for non-payment of renewal fees.

Q3. What happens if a design is canceled?

Ans. If a design is canceled, it ceases to exist, and the rights granted to the owner become void, making it available for public use.

Q4. What documents are required for the restoration of a lapsed design?

Ans. A restoration application must include Form 4, proof of previous registration, an explanation for non-payment, and the prescribed fee.

Q5. Who can apply for the cancellation of a design?

Ans. Any interested party, including competitors or affected businesses, can apply for cancellation based on valid legal grounds.