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         Hilights of The Designs Act, 2000 

a)      it enlarges the scope of definition of “article” and “design” and introduces definition of “original”;

b)      it amplifies the scope of ‘prior publication’;

c)      it incorporates the provision for delegation of powers of the Controller to other officers and duties of examiners;

d)      it contains provision for identification of non-registerable designs;

e)      it contains provision for substitute of application before registration of a design;

f)        it introduces internationally followed system of classification in the place of Indian classification;

g)      it contains provision for maintaining the Register of designs on computer;

h)      it contains provision for restoration of lapsed designs;

i)        it contains provision for appeal against order of the Controller before the High Court instead of Central Government as existing;

j)        it revokes the period of secrecy of two years of a registered design;

k)      it provides for compulsory registration of any document for transfer of right in the registered design;

l)        it introduces additional grounds in cancellation proceedings and makes provision for initiating the cancellation proceedings before the Controller in place of High Court;

m)   it enhances the quantum of penalty imposed for infringement of registered design;

n)      it contains provisions for grounds of cancellation to be taken as defence in the infringement proceedings to be initiated in any court not below the court of the District Judge;

o)      it enhances initial period of registration from 5 to 10 years, to be followed by a further extension of a period of five years;

p)      it contains provision for allowing of priority to other convention countries and countries belonging to the group of countries or inter-governmental organizations apart from United Kingdom and other Commonwealth countries;

q)      it contains provision for avoidance of certain restrictive conditions for the control of anti-competitive practice in contractual licences;

r)       it contains specific provisions to protect the security of India;

 

 

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