24. Fees.—(1) There shall be paid in respect of the registration of designs and applications therefor
and in respect of other matters relating to designs under this Act such fees as may be prescribed.
(2) A proceeding in respect of which a fee is payable under this Act or the rules made thereunder
shall be of no effect unless the fee has been paid.
Provisions as to registers and other documents in the patent office
25. Notice of trust not to be entered in registers.—There shall not be entered in any register kept
under this Act, or be receivable by the Controller, any notice of any trust expressed, implied or
constructive.
26. Inspection of and extracts from registers.—Every register kept under this Act shall at all
convenient times be open to the inspection of the public, subject to the provisions of this Act; and
certified copies, sealed with the seal of the Patent Office, of any entry in any such register shall be given
to any person requiring the same on payment of the prescribed fee:
Provided that where such register is maintained wholly or partly on computer, the inspection of such
register under this section shall be made by inspecting the computer printout of the relevant entry in the
register so maintained on computer.
27. Privilege of reports of Controller.—Reports of or to the Controller made under this Act other
than the report referred to in section 45 shall not in any case be published or be open to public inspection.
28. Prohibition and publication of specification, drawings, etc., where application abandoned,
etc.—Where an application for a design has been abandoned or refused, the application and any drawings,
photographs, tracings, representations or specimens left in connection with the application shall not at any
time be open to public inspection or be published by the Controller.
29. Power of Controller to correct clerical errors.—The Controller may, on request in writing
accompanied by the prescribed fee, correct any clerical error in the representation of a design or in the
name or address of the proprietor of any design, or in any other matter, which is entered upon the register
of designs.
30. Entry of assignment and transmissions in registers.—(1) Where a person becomes entitled by
assignments, transmission or other operation of law to the copyright in a registered design, he may make
application in the prescribed form to the Controller to register his title, and the Controller shall, on receipt
of such application and on proof of title to his satisfaction, register him as the proprietor of such design,
and shall cause an entry to be made in the prescribed manner in the register of the assignment,
transmission or other instrument affecting the title.
(2) Where any person becomes entitled as mortgagee, licensee or otherwise to any interest in a
registered design, he may make an application in the prescribed form to the Controller to register his title,
and the Controller shall, on receipt of such application and on proof of title to his satisfaction, cause
notice of the interest to be entered in the prescribed manner in the register of designs, with particulars of
the instrument, if any, creating such interest.
10
(3) For the purposes of sub-section (1) or sub-section (2), an assignment of a design or of a share in a
design, a mortgage, licence or the creation of any other interest in a design shall not be valid unless the
same were in writing and the agreement between the parties concerned is reduced to the form of an
instrument embodying all the terms and conditions governing their rights and obligation and the
application for registration of title under such instrument is filed in the prescribed manner with the
Controller within six months from the execution of the instrument or within such further period not
exceeding six months in the aggregate as the Controller on application made in the prescribed manner
allows:
Provided that the instrument shall, on entry of its particulars in the register under sub-section (1) or
sub-section (2), have the effect from the date of its execution.
(4) The person registered as the proprietor of a design shall, subject to the provisions of this Act and
to any rights appearing from the register to be vested in any other person, have power absolutely to
assign, grant licenses as to, or otherwise deal with, the design and to give effectual receipts for any
consideration for any such assignment, licence or dealing:
Provided that any equities in respect of the design may be enforced in like manner as in respect of any
other movable property.
(5) Except in the case of an application made under section 31, a document or instrument in respect of
which no entry has been made in the register in accordance with the provisions of sub-sections (1) and (2)
shall not be admitted in evidence in any court in proof of the title to copyright in a design or to any
interest therein, unless the court, for reasons to be recorded in writing, otherwise directs.
31. Rectification of register.—(1) The Controller may, on the application in the prescribed manner
of any person aggrieved by the non-insertion in or omission from the register of designs of any entry, or
by any entry made in such register without sufficient cause, or by any entry wrongly remaining on such
register, or by an error or defect in any entry in such register, make such order for making, expunging or
varying such entry as he thinks fit and rectify the register accordingly.
(2) The Controller may, in any proceeding under this section, decide any question that may be
necessary or expedient to decide in connection with the rectification of a register.
(3) An appeal shall lie to the High Court from any order of the Controller under this section and the
Controller may refer any application under this section to the High Court for decision, and the High Court
shall dispose of any application so referred.
(4) Any order of the Court rectifying a register shall direct that notice of the rectification be served on
the Controller in the prescribed manner who shall upon the receipt of such notice rectify the register
accordingly.
(5) Nothing in this section shall be deemed to empower the Controller to make any such order
cancelling the registration of a design as is provided for in section 19.