A design, according to the Designs Act 2000, is the shape, configuration, pattern, ornament, or composition of lines or colours applied to any article, whether in two-dimensional, three-dimensional or both forms. These features must be applied by any industrial process or means and should appeal to the eye, meaning that they feature the appearance and not the object’s function. A design does not include anything that is a function of construction, a mere mechanical device, or an artistic work according to the Copyright Act 1957.
The essence of a design consists in its visual appeal and novelty-it needs to be new, inventive, and dissimilar, never published or used in India or elsewhere in the world. The Act allows the proprietor to get an exclusive right to apply the design and provides protection for aesthetic innovation in industrial and commercial products for a duration of 10 years, extendable for five additional years.
Rectification of Design Under the Designs Act 2000 in India
The legal process of applying to the Controller (CGPDTM) for variation or correction of the Register of Designs is known as rectification. It may involve deletion of an entry, alteration in the details entered, insertion of an entry omitted, correction of name and address, and so on, to correctly reflect the true legal position. A provision is made in the statute for an “aggrieved person” to seek rectification.
Statutory provisions and regulations
- The Designs Act, 2000, particularly Section 31 relating to the rectification of the register, Section 19 relating to cancellation, and general provisions.
- The Designs Rules, 2001 detail the formalities, forms, including Form 17, fees, and procedure, specifically Rules 39-40, as applicable.
- The Manual of Designs Practice & Procedure-IP India provides practical instruction for the administrative functions of the Designs Wing and cross-references the Act/Rule.
Common grounds for rectification
It is important to note that outright cancellation has distinct requirements, but rectification petitions can and do invoke similar grounds when relevant.
- Non-insertion or omission: an entry that ought to have been recorded in the Register, such as an assignment or authorisation, was not documented.
- Incorrect details, including name, address, proprietor information, expiry/renewal dates, etc.
- Registered particulars may require updates, such as design representations, to accurately reflect current registrations or correct inaccuracies.
- Cancellation-type grounds (overlapping with Section 19): prior publication/registration, absence of novelty/originality, not qualifying as a design, or issues with registrability. In certain cases, rectification entails identifying such defects and requesting the Controller to remove or amend the registration.
Form, fees and documents
- File Form 17 — “Application for rectification of the Register of Designs” (Design Rules). This is the prescribed form for rectification/ variation.
- Pay the official fee as prescribed in the Rules / fees schedule. (Fee amounts change; practitioner sites list typical fee bands — check IP India fees page before filing).
- Affidavit/verification by the petitioner; statement of facts; authenticated copies of documents supporting the claim (assignment deeds, evidence of prior use/publication, registration certificates, correspondence, invoices, advertisements, photographs, etc.); certified copy of the certificate of registration, if applicable. If seeking a change of ownership, attach proof of assignment/transfer.
Process of Rectification
- Form 17 – The application should be completed and submitted to the Controller through online e-filing available under the Designs section, along with an affidavit, verification of documents, and the requisite fees.
- First, there is an initial review by the Registry to confirm that the form is correct, as well as the fee and accompanying documents. In case there are any formal errors, the Registry will issue objections or deficiency letters to the applicant for rectification.
- If the petition is properly filed, the Controller may admit it for consideration; otherwise, the same may be rejected at the threshold itself.
- A notice is normally sent by the Controller to the registered proprietor and other interested parties, demanding a response. A hearing can be scheduled during which time both parties may argue their positions and produce evidence. The Controller has the authority to demand affidavits, documentary evidence, and to require the filing of original documents.
- After considering the pleadings and evidence, the Controller may order that the Register be rectified by expunging, amending or adding thereto any relevant entry, or refuse the application. Such order shall be recorded in the Register and open to public inspection in accordance with the Rules.
- Parties aggrieved by the order of the Controller can appeal to the relevant judicial court (High Court or Tribunal as applicable). The precise appeal procedure and timeline should be checked in each case (statutory appeals or writ jurisdiction, depending upon the nature of the order). Case law suggests that in infringement actions, parties frequently invoke counterclaims for rectification.
Evidence you should prepare- be forensic
Documentary evidence often makes or breaks a rectification petition. Good evidence includes:
- Date-stamped invoices, purchase orders, and sales statements showing commercial use of the design before the contested registration.
- Website screenshots with timestamps, archived pages on WayBack, marketing collateral, catalogues, and advertisements.
- Specification sheets / technical drawings showing the exact article to which the design is applied.
- Assignment/merger/contract documents for correcting ownership.
- Affidavits from company officers, designers or independent witnesses that describe first use and distribution.
- Certified copies of previous registrations, if claiming prior registration.
Cancellation vs. Rectification
- Section 19 provides for the cancellation of registrations in specific circumstances, including on the basis of prior registration, publication and/or lack of novelty/originality. The cancellation of a registration is considered a serious attack on its validity.
- Rectification under Section 31, on the other hand, is an entire administrative process for variations or alterations to the entries in the Register, which includes removal if that is appropriate.
- In practice, pleadings often assert substantive invalidity, but seek rectification, so, in fact, many petitions are drafted in such a way that both rectification and cancellation relief are sought.
Rectification as a defense of infringement
- Defendants in design-infringement litigation frequently plead a counterclaim for rectification; the courts have considered the principles of such a counterclaim, and the evidentiary requirements differ depending upon whether the rectification is sought before the Controller or before the court.
- If the counterclaim succeeds, the Court can order rectification or cancellation; any party invoking this procedure must carefully consider parallel procedures under both the Controller and the Court.
Orders by Controller
- Remove the registration or any particular view/representation from the Register;
- Change the wording, correct the owner’s name/address or otherwise revise the information;
- Add a missing entry, for example, when an assignment was not recorded.
- Deny the application.
- The direction by the Controller will state the variations and direct amendments to the Register.
Practical Tips
- Be exhaustive in documentary proof: weak, bald claims without contemporaneous proof are often rejected.
- Do not confuse rectification with simple administrative corrections-the minor clerical corrections, such as typos in address, may be simpler, while complex substantive rectifications require full pleadings and evidence.
- Service is critical, and the notice should reach the registered proprietor, who would then be given a chance to oppose. Failure to serve correctly delays your petition.
- Consider parallel litigation strategy — if you already have an infringement suit, consider whether a counterclaim is tactical; discuss pros/cons with counsel (Controller proceedings can be more technical, courts can grant interlocutory relief).
- Costs and timelines may be significant: be prepared for multiple hearings, and be prepared to reproduce evidence or respond to objections on admissibility.
Order impact and documentation
- Where rectification is sought by the Controller, the Register is altered to conform to the Controller’s instructions (entries are deleted, modified or inserted).
- The amended Register is then published; the parties concerned should obtain official copies of the amended register extract and, where appropriate, take action in the court for the remedies available to them (injunction and/or damages).
Final practical recommendations
- If you are the owner and want to make a simple correction (like a typo, address change, or recording of an assignment), you use Form 17 with solid documented evidence. These are usually approved, provided everything matches up correctly.
- If you are facing a validity challenge, either because the patent was previously published or is not novel, create a complete evidence bundle and prepare for a contested hearing with professional design counsel.
- Work with the attorneys to determine whether the correction should be requested with the Controller or as a counterclaim in court, as there are strategic advantages to both approaches.
Conclusion
Rectification under the Designs Act, 2000, is an important legal tool to ensure the Register of Designs is accurate, fair, and up-to-date. This would represent an opportunity to correct or eliminate incorrect entries in the register, amend mistakes, or reflect rightful ownership and usage rights. It ensures that the integrity of protection for industrial designs is maintained, avoiding misuse, duplication, and confusion in the marketplace. The process protects the interests of both owners and parties affected and maintains transparency in design registration records. It also ensures that only valid, original, and lawfully registered designs remain enjoying statutory protection. Permitting the Controller and, when necessary, the courts to intervene, the Act prescribes a balanced framework of accountability and fairness toward encouraging innovation, industrial development, and consumer confidence in the design ecosystem of India.
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