This document summarizes key aspects of the Design Act 2000 in India, which replaced earlier design acts from 1911 and 1933. It defines terms like "design", "proprietor", and "original design". The Act established registration of designs with a Controller of Designs and copyright protection for 10 years for registered designs. Grounds for cancellation or prohibition of registration are provided. Penalties of up to Rs. 50,000 are specified for piracy of registered designs. Reciprocal arrangements with the UK allow priority claims. The Act also covers security issues and rule-making powers.

1. MD NEMATULLAH
PHARM.D3rd Year
NIMS INSTITUTE OF
PHARMACY

2.  Introduction:-
 This Act was passed by British govt. in India in 1911. to
promote design activity in order to promote design
element
 The design Act 2000 replaced the design act 1911 and
1933. this design act came in force in 11 may 2001. and
extended to whole India.

3. Definition:-
Article
Any article of any
substances,artifical,natural
and includes any part of any
article capable of being made
and sold separately.
Copy right
Any article of any class
whose design is registered
for exclusive right

4. Design
Any features of shape
configuration,pattren or
composition of lines or
colours apply to any article
for industrial process or
means,whether manual,
mechanical or chemical,
separate.
Original
In relation to a design ,means
originating from the author of
such design and include the
cases are new in their
application.

5. Proprietor of a new or original design
The author of the
design ,for good
consideration for
other person,means
the for whom the
design is so executed.
Design to any article
either exclusively or
otherwise , means , to
extent in and to
which right has been
so acquired.
The design; where
the property in or the
right to apply , has
devolved from the
original proprietor
upon any other
person.

6.  Registration of Design:-
 The controller-General of Patent , Design and Trade Marks
appointed under the Trade and Merchandise Marks Act
shall be the controller of Design for the purpose of this Act.
 The central Government can appoint as many examiner
and other officer with such designation as it may think fit.

7. Copyright in registered Design:-
 The registered proprietor of the design shall have
copyright in the design during ten years from the date
of registration.
 This period of copyright may be extended further for a
second period of five year if application in prescribed
manner is made to the controller.

8. Prohibition of registration of certain Designs:-
a. A design which is not new or original.
b. Has been disclosed to the public in India or many
other country by publication in tangible from by use
in other way prior to the filing date , or where
applicable, the priority date of the application for
design.
c. Is not significantly distinguishable from know design
or combination of know design.
d. Comprises or contain scandalous or obscene matter.

9. Cancellation of Design:-
a. That the design has been previously registered in India.
b. That the has been published in India or any other country
prior to the date of registration.
c. That the design is not a new or original design.
d. That the design is not register able under this Act.
e. That it is not a design as defined under the Act.
Appeal against any order of controller under this section cab
be made to High Court.

10. Piracy of registered Design:-
• For the purpose of sale to apply any
article in any class of articles in which
the design is registered.
(a)
• To import the purpose of sale, without
registered proprietor, any article
belonging to the class in design has been
registered.
(b)
• The design or any fraudulent has been
applied to any article in any class of
articles is registered without the consent
of the registered proprietor .
(c)

11. Penalty:-
 Any person acting in contravention of this section shall
be liable for every contravention .
• To pay to the registered
proprietor of the design sum not
exceeding Rs.25000(a)
• Provided that the total sum
recover able in respect of any one
design under clause.
• Shall not exceed Rs.50,000
(b)

12. Reciprocal arrangement with UK:-
 Any person who has applied for protection any
designs in the United Kingdom any other
convention countries or group of countries his
legal representative with any other person, be
entitled to claim that the registration of the said
designs 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 or any of
such other convention countries or countries which
are members of inter-governmental organization,
as the case may be.

13. Protection of security of India:-
Security of India
Means
Any action necessary for the security
of India to the application of any
design registered under this Act used
for war applied directly for the
military establishment.

14. Power to make
Rules
The Central Government
may, by notification in the
Official Gazette, make rules
for carrying out the
provision of this Act. Every
rule made under this Act
shall be laid before each
house of Parliament.

15. Reference
N.K Jain ,A Textbook Of Forensic Pharmacy. Page
No.-320-324

16. Thank You