Design renewal
The renewal can only be done after the expiration of the original time period of 10 years of the registration of design. The Controller does the renewal of design after the registered proprietor fulfills all the requirements. The renewal and restoration of design in India are provided for securing the exclusive rights of the registered proprietor of a design. The proprietor is given the opportunity to save the rights associated with his/her design and protect the design from infringement.
- An application for renewal or extension of copyright of design should be filed before the expiry of the original time period of 10 years.
- The designs wing is required to complete the proceedings of renewal or extension of Copyright of Designs, within one week from the date of receipt of Form-3.
- The application for restoration of lapsed design should be filed within 12 months from the date on which the registered design ceases to have effect.
- The registered proprietor or his legal representative can apply for restoration of lapsed design.
- In a case, if two or more persons hold the registered design, then, with the leave of the Controller, one or more of these persons without joining the others can apply for restoration of lapsed design.