Recentlythe Indian Government has proposed to amend the rules governing the IndianDesign Act and in this regards has published Drat Design (Amendment) Rules,2007 to seek opinion of general public. The major changes suggested by thedraft amendments rules are as follows:
Underthe New Draft Rules, the requirement of cardboard for filing design applicationhas been done away with a strong A-4 size paper.
Therequirement regarding size of design to be at least of 5 by 4 inches or 13 by10 cms is replaced by ?13 by 10 cms?.
Nowthe photographs have to be affixed only by strong glue paper not by cellotapeor staple pin. Further one set of photographs (where photographs are used)should not be covered with cellophane or any other paper.
Mostsignificant change is extension of time limit for putting in application inorder, now the government proposes an extension of 3 months for putting theapplication in order for acceptance subject to payment of additional fee forextension of time. This shall be a major relief for the ForeignApplicants as the time for communicating the objections and seekinginstructions was very limited earlier and under the proposed amendment the timecan be effectively utilised to put the application in order for acceptance.
Furtherunder Rule 47, in case of exceptional circumstances the Controller has power toextend time limit by 3 months for doing any act or taking any proceeding whereno special provision is made. Please note that this provision shall not beapplicable in case of mandatory clauses like putting application in order foracceptance within 6 months or a further period of 3 months thereafter.
Aswal has sinced written about articles on various topics from Legal Matters, Travel and Leisure and Patent and Trademark. Author is an Advocate and Patent and Trademark Attorney with Aswal Associates, Attorneys at law & Intellectual property, New Delhi, India and can be reached at sudhir@aswal.com. Author is a member of APAA, Delhi Bar Council, Delhi High Court Bar Associati. Aswal's top article generates over 1000 views. Bookmark Aswal to your Favourites.
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