Draft Design (Amendment) Rules 2007- India

Recently the Indian Government has proposed to amend the rules governing the Indian Design Act and in this regards has published Drat Design (Amendment) Rules, 2007 to seek opinion of general public. The major changes suggested by the draft amendments rules are as follows:

Under the New Draft Rules, the requirement of cardboard for filing design application has been done away with a strong A-4 size paper.

The requirement regarding size of design to be at least of 5 by 4 inches or 13 by 10 cms is replaced by “13 by 10 cms”.

Now the photographs have to be affixed only by strong glue paper not by cellotape or staple pin. Further one set of photographs (where photographs are used) should not be covered with cellophane or any other paper.

Most significant change is extension of time limit for putting in application in order, now the government proposes an extension of 3 months for putting the application in order for acceptance subject to payment of additional fee for extension of time.  This shall be a major relief for the Foreign Applicants as the time for communicating the objections and seeking instructions was very limited earlier and under the proposed amendment the time can be effectively utilised to put the application in order for acceptance.

Further under Rule 47, in case of exceptional circumstances the Controller has power to extend time limit by 3 months for doing any act or taking any proceeding where no special provision is made. Please note that this provision shall not be applicable in case of mandatory clauses like putting application in order for acceptance within 6 months or a further period of 3 months thereafter.