Design" means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms.
Design" means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms.
The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.
The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye.
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
This a discussion on patent infringement for academic purpose. Please do NOT consider this legal advice.
[Some material has not been updated for recent changes, so use it at your own risk]
Disclaimer: This is not legal advice.
A patent is a set of exclusive rights granted by a state (national government) to an inventor for a limited period of time in exchange for a public disclosure of an invention.
Enforcement of Intellectual Property Rights (IPR) in IndiaVijay Dalmia
Enforcement of Intellectual Property Rights in India - See the presentation to understand the nuances of enforcement of IPR ( Trade Mark, Copyright, Patents, Designs etc.) by civil and criminal remedies in India.
A trademark or trade mark is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities....
The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.
The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye.
NEWS FLASH: //Check our latest course offering on Patent-Business-Strategy over at Udemy here: http://www.udemy.com/patent-business-strategy/ with a 50 per cent launch discount //
This a discussion on patent infringement for academic purpose. Please do NOT consider this legal advice.
[Some material has not been updated for recent changes, so use it at your own risk]
Disclaimer: This is not legal advice.
A patent is a set of exclusive rights granted by a state (national government) to an inventor for a limited period of time in exchange for a public disclosure of an invention.
Enforcement of Intellectual Property Rights (IPR) in IndiaVijay Dalmia
Enforcement of Intellectual Property Rights in India - See the presentation to understand the nuances of enforcement of IPR ( Trade Mark, Copyright, Patents, Designs etc.) by civil and criminal remedies in India.
A trademark or trade mark is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities....
This document contains Ekiti State Government Ministry of Lands, Housing and Urban Development.
Also, M. Optic fiber laying is charged at the rate of N2,500.00 (Two thousand, Five hundred Naira) per linear meter. This was recently received downward to N150/linear meter.
DIGITAL PERSONAL DATA PROTECTION ACT 2023-PPT-VPD.pptxVijay Dalmia
The Digital Personal Data Protection Act, 2023 (DPDP Act) is a significant development in Indian data protection. Here's a concise overview:
**Personal Data and Processing:**
- "Personal data" under DPDP Act refers to any data identifying an individual.
- "Processing" includes various operations, like collection and storage.
**Data Fiduciary and Data Processor:**
- "Data Fiduciary" determines data processing purposes.
- "Data Processor" processes data on behalf of a Data Fiduciary.
**Coverage:**
- DPDP Act covers those processing personal data, excluding personal or domestic purposes.
**Applicability:**
- Applies when processing occurs within or outside India related to offering goods/services within India.
**Permitted Processing:**
- Personal data can be processed with consent or under legitimate uses outlined in DPDP Act.
**Consent:**
- Consent should be clear, informed, and obtained through affirmative action.
**Notice:**
- A notice is mandatory before collecting personal data.
- Fresh notice required if processing begins before DPDP Act commencement.
**Data Fiduciary Obligations:**
- Appoint Data Processor via valid contract.
- Ensure data completeness, accuracy, and security.
- Erase data when purpose is fulfilled.
- Implement technical and security measures.
- Report breaches to Data Protection Board.
- Establish grievance redressal mechanism.
- Publish contact information of Data Protection Officer.
**Significant Data Fiduciary:**
- Conduct periodic data protection impact assessments.
- Appoint Data Protection Officer and independent data auditor.
**Data Protection Board:**
- An enforcement body established by the Central Government.
- Appeals go to Telecom Disputes Settlement and Appellate Tribunal.
**Consent Manager:**
- Facilitates consent management through an accessible platform.
- Registered with Data Protection Board.
**Data Principal Rights:**
- Right to access personal data.
- Right to correction, erasure, and grievance redressal.
- Right to nominate and withdraw consent.
**Cross-Border Data Transfers:**
- Generally allowed, but Central Government can restrict specific countries/territories.
**Penalties:**
- Non-compliance may result in penalties up to INR 250 Crores (approx. US$ 3,01,00,000).
**Compliance Timeframe:**
- No specific timeframe provided; companies should proactively prepare for DPDP Act compliance.
This summary provides a concise overview of the DPDP Act's key provisions and obligations.
Enforcement Of Intellectual Property Rights Through CustomsVijay Dalmia
Custom Act, 1962 & Intellectual Property Rights Enforcement Rules, 2007
Apart from the various remedies provided under the IP Laws in India, one of the most efficient ways to protect and enforce intellectual property rights is through Custom Act, 1962
It prohibits import of goods that infringe Intellectual Property at the Custom Borders thereby restricting the entry of the goods infringing Intellectual Property Rights
Under Section 156 (1) read with Section 11 (2) (n) and (u) of the Customs Act, 1962, the Central Government has made the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 applicable to imported goods.
The Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 has been amended vide notification no. 56/2018. - Customs (N.T.) dated 22nd June 2018 and the said rules have been called the Intellectual Property Rights (Imported Goods) Enforcement Amendment Rules, 2018.
Intellectual Property Rights (Imported Goods) Enforcement Amendment Rules, 2018
Vide the said Amendment Rules, the Central Government has amended Rule 2 and Rule 5 of the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007.
As per the Amendment, in Rule 2 in clause (b), the words and figures “patent as defined in the Patents Act, 1970” has been omitted and in clause (c), the words and figures “the Patents Act, 1970” shall be omitted.
In Rule 5, after condition (b), two more conditions have been inserted.
The Intellectual Property Rights (Imported Goods) Enforcement Amendment Rules, 2018 can be accessed from the following link: https://patentsrewind.files.wordpress.com/2018/07/custom-notification.pdf
After the amendment of 2018, the IPR Enforcement Rules 2007 permits a Right Holder to protect the following different types of Intellectual property-
Under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007, goods infringing intellectual property rights which are made, reproduced, put into circulation or otherwise used in breach of the intellectual property laws in India or outside India and without the consent of the right holder or a person duly authorized to do so by the right holder.
Notice to be Registered by the Custom Authorities on satisfaction
Within 30 working days from the date of receipt of the notice under Rule 3 (1) or from the extended period as per Rule 3 (4), the Commissioner shall notify the applicant whether notice is registered or rejected.
Minimum validity of registration of notice for a period of 1 year
Prohibition and suspension of import of infringing goods under Section 11 of the Customs Act, 1962.
At all the Ports (Custom Borders) in India
Notice can be given by the Right Holder of the suspected infringing goods
Commissioner of Customs can suo moto suspend the clearance of such infringing goods
Rule 7(4): Where the Deputy Commissioner of Customs or Assistant Commissioner of Customs, as the case may be, has suspended clearance of goods on his own initiative and right holder
White Collar Crime by Vijay Pal Dalmia.pptxVijay Dalmia
A Crime is a Crime.
Colour does not change the crime.
Blue Collar crime is motivated by
fury,
vengeance,
Emotions.
White collar crime is a crime
motivated by greed
meticulously organized & accomplished
committed by the people who belongs to the higher class of society and
These people :
Are from reputable group of society.
Commit these crimes during the course of their occupation.
Usually have a better understanding of
technology,
their respective field,
disciplines etc.
are people of high stature and
There is generally an element of breach of trust by carrying out unethical business practices because of motivation to gain financially.
It is the offenders’ position that accords upon them the opportunity to perpetrate such crimes.
Essential elements of White Collar crime:
Fraud
Deceit
Cheating
Breach of Trust
Intent
Disguise
Knowledge
Concealment
Conspiracy
Organized
Planning
Legislations against White Collar Crimes in India
# Companies Act, 1960.
# Income Tax Act, 1961.
# Indian Penal Code, 1860.
# Commodities Act, 1955.
# Prevention of corruption Act, 1988.
# Negotiable Instrument Act,
# Prevention of Money Laundering Act, 2002.
# IT Act, 2005.
# Imports and Exports (Control) Act, 1950
#Fugitive Economic Offenders Act, 2018
#Foreign Exchange Management Act
# Special Court (Trial of offences relation to Transactions in Securities) Act, 1992
#Central Vigilance Commission Act, 2003
Vijay Pal Dalmia, AdvocateSupreme Court of India & Delhi High CourtEmail id: vpdalmia@gmail.com Mobile No.: +91 9810081079Linkedin: https://www.linkedin.com/in/vpdalmia/ Facebook: https://www.facebook.com/vpdalmia Twitter: @vpdalmia
Taxation of Cryptocurrencies – Virtual Digital Assets in India-VPDalmia.pptxVijay Dalmia
“Everything which is not forbidden is allowed" is a legal maxim. https://en.wikipedia.org/wiki/Everything_which_is_not_forbidden_is_allowed
A senior English judge, Sir John Laws, stated the principles as: “
For the individual citizen, everything which is not forbidden is allowed;
but
For public bodies, and notably the government, everything which is not allowed is forbidden.
There is no law in India that deals with the legitimacy and legality of cryptocurrencies/NFTs in India.
Mere inclusion or bringing cryptocurrencies/NFTs within the tax net by amending the Indian Income Tax Act does not provide or deal with the legitimacy and legality of cryptocurrencies/NFTs in India.
Taxability of illegal money earned has nothing to do with the legitimacy of the means of earning.
Since cryptocurrencies/NFTs have not been declared illegal, the same will fall into the category of legal.
Virtual Digital Assets have been defined for the first time in the year 2022 in India under Section 2(47A) of the Income Tax Act, 1961
“Virtual Digital Asset” means—
Any
information or
code or
number or
token
(not being Indian currency or foreign currency),
the expressions “currency”, “foreign currency” and “Indian currency” shall have the same meanings as respectively assigned to them in clauses (h), (m) and (q) of section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999).]
generated through
cryptographic means or
otherwise,
by whatever name called,
providing
a digital representation of value exchanged
with or
without consideration,
with the
promise or
representation of
having inherent value, or
functions
as a store of value or
a unit of account
including its use in any financial transaction or investment, but not limited to investment scheme; and
can be
transferred,
stored or
traded
Electronically.
“Virtual Digital Assets” include
a non-fungible token (NFT) or
any other token of similar nature,
by whatever name called;
“non-fungible token” means such digital asset as the Central Government may, by notification in the Official Gazette, specify.
any other digital asset,
as the Central Government may, by notification in the Official Gazette specify.
Provided that the Central Government may, by notification in the Official Gazette, exclude any digital asset from the definition of the virtual digital asset subject to such conditions as may be specified therein.
Virtual Digital Assets & Cryptocurrencies as Property
Section 56(2)(X) includes ‘Virtual Digital Asset’ within the definition of ‘Property’.
Where the total income of an assessee
includes any income from the transfer of any virtual digital asset,
the income-tax* payable shall be the aggregate of-
the amount of income-tax calculated on the income from transfer of such virtual digital asset at the rate of Thirty per cent (30%);
AND
the amount of income tax with which the assessee would have been chargeable, had the total income of the assessee been reduced by the
Indian Approach On Bitcoins-cryptocurrencies- Blockchain Legal Practical Pe...Vijay Dalmia
There are no specific laws relating to Blockchain in India.
Under the Indian laws Blockchain is governed by the general laws of India including laws relating to contracts.
Blockchain Technology is being adopted practically by all, i.e. Government and Private Parties including Banks.
Cryptocurrencies/Crypto Assets/ Cryptos are not FIAT currencies.
Fiat Currency is different from Cryptocurrencies.
Virtual Currencies like Bitcoins are not legal currencies or fiat currency, issued by any Government, and in fact, these are not a currency at all.
Virtual Currencies like Bitcoins are nomenclature for various “computer algorithms”, which are being used to generate codes by private parties and traded over the internet.
Most of the currencies in the world including the currency of India i.e. rupee, are Fiat currencies. Fiat money is the currency that a government has declared to be legal tender, but which may not be backed by any physical commodity like Gold.
The prices of such currencies are
arbitrary
without any backing of any government and geographical restrictions.
Virtual Currencies like Bitcoins are
State Free,
Border Free and
Control Free.
removes the need of a trusted third party such as a governmental agency, bank, etc.
A Virtual Currency like Bitcoin, is a stateless digital currency in which encryption techniques are used to regulate the generation of units of currency and verify the transfer of funds, operating independently of a central bank like the Reserve Bank of India, rendering it immune from government interference.
At the moment, there is no express law that classifies virtual currencies as a good, service, security, commodity, derivative or currency
Some of the laws which have a direct bearing on the legal aspects relating to illegal Virtual Currencies like Bitcoins, are as under:
The Constitution of India, 1950;
Reserve Bank of India Act, 1934,
The Foreign Exchange Management Act, 1999 (“FEMA”);
The Reserve Bank of India Act, 1934 (“RBI Act”);
The Coinage Act, 1906 (“Coinage Act”);
The Securities Contracts (Regulation) Act, 1956 (“SCRA”);
The Sale of Goods Act, 1930 (“Sale of Goods Act”);
The Payment and Settlement Systems Act, 2007 (“Payment Act”).
Indian Contract Act, 1872 (“Contract Act”).
The term ‘Currency’ has been defined under Section 2(h) of the Foreign Exchange Management Act, 1999 to include all currency notes, postal notes, postal orders, money orders, cheques, drafts, travelers cheques, letters of credit, bills of exchange and promissory notes, credit cards or such other similar instruments, as may be notified by the Reserve Bank.
It is clear that Bitcoin is not similar to any of the instruments mentioned in the definition, especially digital or virtual currencies. Section 2(m) of The Foreign Exchange Management Act, 1999, ‘foreign currency’ has been defined as any currency other than Indian currency.
Under Section 2 (q) of FEMA, “Indian currency” means currency which is expressed or drawn in Indian
Need for having Security, Email & Internet Usage Policy in Companies - Legal ...Vijay Dalmia
All organizations must have a robust IT Security, Email & Internet Usage Policy, which should be strictly implemented to establish standard practices and rules for responsible, safe and productive use of the Electronic mail (e-mail) and the internet; and to ensure the protection of information/data of the Organisation and prevention of any misuse thereof.
It is a fact of life that most of the Organisations do not have any Data, IT Security, Email & Internet Usage Policy, or may be having inadequate policies, which fail to protect and safeguard the interest of the organizations and their management, leading to the risk of unwarranted criminal and civil consequences.
The effective implementation of policies for the protection of data, misuse of internet and emails, becomes difficult in the court of law in the absence of a well-defined policy, which is duly acknowledged by the employees of the organizations. The safeguard of data, e-mail system and network of an Organisation has come to play an extremely vital role in today's fast moving, but invariably technically fragile, business environment. The first step towards enhancing a company's security is the introduction of a precise yet legally enforceable security policy, informing employees/staff on the various aspects of their responsibilities, general use of company resources and explaining how sensitive information must be handled. The policy should also describe in detail the meaning of acceptable use, as well as clearly list the prohibited activities.
WHY SHOULD AN ORGANIZATION HAVE AN IT POLICY?
Because all organizations need to secure
Computer Network; and
Against Unauthorized System Access to prevent data theft, virus, and malware attacks.
Because every organization needs to prevent its employees from installing illegal software, directly through internet or CD’s, etc., which exposes an organization to copyright violations. This can be effected by controlling software Installation Rights.
Because every organization has to create system back up and maintain its IT infrastructure.
Because every organization must control unauthorized Third Party and Remote Access to its computers and IT network.
Because an organization may be under a LEGAL & CONTRACTUAL OBLIGATION:
to protect the Sensitive Personal Data of its customers and employees, under the Information Technology Act, 2000; and
in case of violation of your organization’s legal obligation,
All persons who are directly responsible for the day to management of your organization including its directors and principal officers may be held legally liable for
Civil action, i.e., compensation under Section 43A, and
Criminal action, i.e., Punishment under Section 72A,
For failure to protect any sensitive personal data which its owns, controls or operates.
As Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011
provide for having Mandatory Privacy Policy for protection
The right to be taken out of Police custody by being brought before a Magistrate is a right given in the interest of, the accused.
Arrest and detention can not be used to extract confession or as a means of compelling people to give information.
It prevents Police Stations being used as though they were prisons - a purpose for which they are unsuitable.
It affords an early recourse to a judicial officer independent of the Police on all questions of bail or discharge.
When the petitioner was arrested the Police Officer knew that he cannot complete his investigation within 24 hours, in such a case, Section 167(1), Cr.P.C. provides for the transmission forthwith of a copy of the entries in the Police Diary relating to the case and for the production of the accused before such Magistrate.
Special emphasis has to be laid on the words "forthwith" in Section 167(1).
The Criminal Procedure Code does not authorise detention by the police for 24 hours after the arrest.
A Police Officer making an arrest without warrant shall, without unnecessary delay take or send the person arrested before a Magistrate.
No Police Officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under Section 167, exceed twenty four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate's Court.
Thus, the twenty-four hours prescribed is the outermost limit beyond which a person cannot be detained in Police custody.
It is certainly not an authorization for the Police to detain him for twenty-four hours in their custody.
It is only in a case where a Police Officer considers that the investigation can be completed within the period of twenty-four hours that such detention for twenty-four hours is permitted. This is clear from Section 167(1), Cr.P.C.
When an arrested person is brought before a Magistrate, he has to decide whether
he should remand the person to Jail custody under Section 167(2) Cr.P.C. as requested by the Police and at the same time he has to decide whether the request of the person for bail should be granted.
In order to decide the question of remand, he must be satisfied on a perusal of the entries in the Police Diary that there were grounds for believing that the accusation or information against the accused was well founded and that the Police have exercised their right of arresting without warrant legally and further that it was necessary for the purpose of investigation that the accused should be remanded to custody.
Unless, the Magistrate is satisfied on all these points, he can- not remand the accused to Jail custody.
It. is for this purpose that Section 167(1) enjoins that a copy of the entries in the Police Diary should be transmitted to Court.
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia AdvocateVijay Dalmia
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia Advocate
Police Remand Judicial Remand & Default bail by Vijay Pal Dalmia Advocate - Terms, Conditions, Rights of Accused. Duty of Police and Courts
Indian approach on bitcoins, cryptocurrencies and blockchain – legal practica...Vijay Dalmia
India does not have any specific laws relating to cryptocurrencies and blockchain, as of now. Indian legal scenario and impact of Indian laws have to be assessed from various statutes which may have applicability on cryptocurrencies like Bitcoin and Blockchain. The presentation deals with these aspects of Indian laws.
Sanction for prosecution of offences under chapter xii of the income tax actVijay Dalmia
Under Chapter XII of the (Indian) Income Tax Act-1961, a person cannot be prosecuted for an offence Under Sections 275A, 275B, 276, 276A, 276B, 276BB, 276C, 276CC, 276D, 277, 277A or 278, except with the previous sanction of the Principal Commissioner or Commissioner or Commissioner(Appeals) or the appropriate Authority. Accordingly, in all cases of prosecution the fact of proper sanction by a competent authority is sine qua non, for initiating prosecution against an offender by the Income Tax Authorities. The issue of valid previous sanction becomes important, and may be taken as a defense by the accused during the course of trial. Following are the important points, which are to be considered, while granting sanction in any matter:
Information Technology Policy for Corporates - Need of the Hour Vijay Dalmia
Information Technology Policy for Corporates is the need of the hour as organisations, are continuously at a stake for violation of information technology laws, commission of cyber crimes, sexual harassment, e-mail violations, and misuse of internet and intranet.
4. Industrial designs is one of the categories of
IPR where the design system focuses on the
aesthetic feature of an article derived from its
visual appearance.
Relevant aspects are the shape, configuration,
surface pattern, the colour or line or a
combination thereof as applied to an article
which produces an aesthetic impression on
the sense of sight.
5. Features of shape, configuration, pattern,
ornament, composition of colour or line or
a combination thereof
Applied to any article
Whether 2D or 3D or in both forms
By any industrial process or means
Appeal to and are judged solely by the eye.
6.
7. New or Original
Relate to features of shape, configuration,
pattern or ornamentation
Applied to articles by any industrial process.
Appeal to and solely judged by the eye.
It should not include any Trademark or
Property mark or
It should not include artistic works as
defined under the Copyright Act
It should not be mere mechanical Device
8. Has not been disclosed to the public
anywhere in any tangible form or by use or in
any other way prior to the date of
filing/priority date;
Is significantly distinguishable from known
designs or combinations thereof;
Does not comprise or contain scandalous or
obscene matter
9. Any person whether a citizen of India or not
◦ Person includes
Individual
Legal entity
◦ Claiming to be the Proprietor
His Legal representative
His Assignee
Application can be made either jointly or
separately
10. Date of registration is the actual date of filing
of the application.
In case of registration of design with priority,
the date of registration is the date of making
an application in the reciprocal country.
The period for making such an application in
the reciprocal country is 6 months.
11. (i) Application form 1 with requisite fee of Rs.
1,000/-, should contain full name, nationality,
address, class no, articles name and address for
service in India.
(ii) Four sets of Representation sheets in durable
paper of A4 size, pasted with the
photographs/drawings of the article from different
angles.
(iii) Power of attorney (if required)
(iv) Priority document (for convention application).
12. A4 size white durable paper
Sheet Number to be mentioned in each sheet
Photographs/line diagrams/computer
graphics of the article
Name of the views
Statement of novelty
Disclaimer
Signature of the applicant/agent
Date
13.
14. An Application for
◦ Registration of Designs
◦ Request for Extension of Copyrights
◦ Petition for Cancellation of Designs
◦ Rectification of Register of Designs
Can be filed at
◦ Head Office at Kolkata;
◦ Branch Offices at Delhi, Mumbai & Chennai.
Branch Offices will transmit the documents to Head
Office for Processing and Prosecuting the same
15. Exclusive right to apply a Design to the article
in the class in which the design has been
registered.
Proprietor of Design can sue for infringement.
Right to assign or license his Design for a
consideration or Royalty.
16. 10 Years from the date of registration
Extendable for another 5 years on payment
of renewal fee of Rs. 2000/-
17. Previously registered in India
Published in India or other Countries prior to
the date of registration
Not a new or original Design
Not a Registerable Design under this Act
Not a Design under Section 2(d) of this Act
19. Registration of design will lapse on non-
payment of extension fee for further term of
5 years if the same is not paid before the
expiry of 10 years.
Design may be restored on:
◦ Application for restoration in prescribed form with a
fee of Rs. 1000/- within 1 year from the date of
lapse.
◦ If the application is allowed, an additional fee of
Rs.1000/ is charged.
22. Share of Designs by Selected Countries
Korea
Other 16%
21%
India
2%
Australia Japan
2% 21%
France
4%
Austria
3%
UK
5%
Germany
5% China
USA
13%
8%
23. FEES
No. of On What possible Form Fee (Rs.)
entry No.
1 On application for registration of Design under 1 1000.00
Section 5 & 44
2 On claim under Section 8(1 ) to proceed as an 2 500.00
applicant or joint applicant
3 On application for extension of copyright under 3 2000.00
Section 11(2)
4 On Application for Restoration of lapsed design 4 1000.00
under Section 12(2)
5 Additional fee for Restoration --- 1000.00
6 Inspection of Registered design under Section 5 500.00
17(1)
7 On request for information of design when 6 500.00
registration No. is given under Section 18.
8 On request for information of design when 7 1000.00
registration No. not given .
Contd …
24. FEES
No. of On What possible Form Fee (Rs.)
entry No.
9 On application for cancellation of design under 8 1500.00
Section 19
10 Notice of intended exhibition or publication of an 9 500.00
unregistered design under Section 21
11 Application for registration of a document in 10
Register of Designs under Section 30(3): 500.00
(i) In respect of one Design; 200.00
(ii) For each additional Design
12 One application for entry of name of proprietor or 11
part proprietor in Register of Designs under Section
30:
500.00
(i) In respect of one Design;
200.00
(ii) For each additional Design
13 On application for entry of mortgage or license in 12
Register of designs under Section 30:
(i) In respect of one Design; 500.00
(ii) For each additional Design 200.00
25. FEES
No. of On What possible Form Fee (Rs.)
entry No.
14 Application for entry of notification of a document in 13
the Register of designs under Section 30 and Rule
37: 500.00
(i) In respect of one Design;
200.00
(ii) For each additional Design
15 On request for correction of clerical error under 14 500.00
Section 29
16 On request for certificate under Section 26 and 15 500.00
Rule 42
17 On application for certified copy of Registered 16 500.00
design Under Section 17(2)
18 On application for rectification of Register of 17 500.00
design Under Section 31
19 On application for extension of time for filing 18 200.00
priority Document under Rule 15. (per month)
20 On Notice of opposition under Rule 40 19 100.00
26. FEES
No. of On What possible Form Fee (Rs.)
entry No.
21 Notice of intention to attend hearing under Rule 20 500.00
29 and 40
22 Form for authorization of agent or other person. 21 ----
23 On request to alter name or address or address 22 200.00
for Service in the Register of design under Rule
31.
24 On request for entries of two addresses in the 23 200.00
Register of Design.
25 On petition under Rule 46 for amendment of any --- 500.00
document
26 On petition under Rule 47 for amendment of any --- 500.00
document
27 Inspection of Register of Design under Rule 38 (in --- 250.00
respect of each design).
27. THANK YOU FOR YOUR VALUABLE TIME & LISTENING
Intellectual Property & Information Technology Laws Division
Flat No 903, Indra Prakash, 21, Barakhamba Road,
New Delhi 110001 (India)
Phone: +91 11 42492532 (Direct)
Phone: +91 11 42492525 Ext 532
Mobile :- 9810081079
Fax: +91 11 23320484
email:- vpdalmia@vaishlaw.com