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March 30, 2021

Summary: ‘The Design (Amendment) Rules, 2021’ (Ministry of Commerce & Industry)

Author: Intern - Sahaana Chhabria

The Patents and Designs Protection Act of 1872 was established to protect industrial designs. The amended rules were formally notified on January 25, 2021.

To begin with prior to the amendment, the Design Rules allowed for a design classification based on the Locarno Classification’s 10th Edition. With the amendment, designs in India will now be identified according to the Locarno Classification’s current edition. There are 32 classes and 237 subclasses in the most recent version of the Classification. As a result of the amendment, the Design Rules are to be modified to include class 32, which previously included only 31 classes.

The Amendment Rules have also introduced the section of Section 2(eb) defining a “start-up” as “an entity in India recognised as a start-up by the competent authority under Start up India initiative” . The Amendment Rules also enable foreign companies to assert the status of startups if they meet the criteria: “for turnover and period of incorporation or registration as per Start-up India Initiative and submitting declaration to that effect” Further, The Reserve Bank of India’s reference rates for foreign currency shall be used to measure the turnover requirements, according to the clarification attached to clause (eb).

Another amendment concerns the address for service of documents as mentioned in Rule 4 of the previous rules, prior to the amendment of January 25th 2021.The proviso to Rule 4 is replaced by Rule 3 of the amending laws, which allows mobile numbers registered in India to be used as a sufficient mode of service of documents. The next amendment involves the award of cost by the Controller. In proceedings before the Controller, Rule 43 of the Principal Rules requires the Controller to grant fair costs. Such expenses must be in accordance with the amount and matters specified in the fourth schedule of the unaltered rules. Rule 9 of the amended rules substitutes the fourth schedule with a schedule that incorporates the costs allowable in proceedings for start-ups.

The final amendments involve the registration of fees and modification of schedules. The fees payable with regard to registration of designs and associated matters is specified in the First Schedule of the unamended rules. As per the previous Design Rules, , the appropriate fees payable depended upon the type of entity , the applicant was identified as. Now , as per the amended rules, all natural persons, small entities recognized under the MSME Act, and startups will receive rebates of up to 50% or more for fees payable for various applications and claims under the First Schedule under the revised Design Rules.


The notified rules can be accessed at: https://ipindia.gov.in/writereaddata/Portal/Images/pdf/The_Designs__amendment___Rules__2021.pdf

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

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