Term Of Design, Restoration And Rectification Process

Copyright in the design subsists for 10 years from the date of registration. This period can be extended by another 5 years upon a request for extension of copyright filed by the registered proprietor before the expiry of the original period of 10 years.

An application for restoration can be filed within 12 months from the date on which a registered design ceased to have effect due to non-payment of fees for extension of copyright (or renewal fee) with the Indian Patent Office.

Any person interested may file a petition for cancellation of a registered design on the prescribed Form. The petition for cancellation of registered design can be filed on the following grounds:

• design has been previously registered in India;