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Intellectual Property Rights - Law and Practice · Industrial Designs

Register of Designs and Publication of Particulars under the Designs Act, 2000

Updated 11 October 2026 · Fact-checked

The register of designs is a book kept at the patent office under Section 10 of the Designs Act, 2000. It records proprietors, assignments and transmissions. It is prima facie evidence of what it must contain. Under Section 7, the Controller publishes prescribed particulars after registration, and the design then becomes open to public inspection.

Understand Register of Designs and Publication of Particulars

Start with the problem. A design right is a monopoly over how an article looks. Others must be able to find out who owns a design and what it is. The Act solves this with a public record and a public notice.

The public record is the register of designs. Section 10(1) says it is kept at the patent office. It holds the names and addresses of proprietors of registered designs, notifications of assignments and transmissions, and other prescribed matter. It may be kept wholly or partly on computer, subject to prescribed safeguards. Where it is kept on computer, a reference to an entry in the register means the entry so maintained (Section 10(2)).

The register that existed when the Act began was merged into the register under this Act (Section 10(3)). Its evidentiary value is set by Section 10(4): it is prima facie evidence of any matter the Act directs or authorises to be entered in it. Prima facie means it is accepted unless someone proves otherwise.

The public notice is publication. Under Section 7, the Controller, as soon as may be after registration, causes the prescribed particulars of the design to be published in the prescribed manner. After that the design is open to public inspection. So publication in this scheme follows registration. This is different from patents, where publication happens before grant.

Inspection has two routes. Section 26 opens every register to public inspection at all convenient times and allows sealed certified copies of entries on payment of the fee. Section 17 deals with inspecting a registered design itself and with certified copies of a registered design. Keep these two sections separate.

Key rules to remember

Register of designs (Section 10(1))
Register = names and addresses of proprietors + notifications of assignments and transmissions + other prescribed matter
Kept at the patent office. May be maintained wholly or partly on computer, subject to prescribed safeguards.
Evidentiary value (Section 10(4))
Register = prima facie evidence of any matter the Act directs or authorises to be entered in it
Prima facie means rebuttable. It is not conclusive proof.
Publication (Section 7)
Registration → Controller publishes prescribed particulars → design open to public inspection
Particulars and manner are prescribed by rules. Section 47(2)(d) gives the rule-making power.
Inspection of a registered design (Section 17)
17(1): inspection during the existence of copyright in the design, on identifying information and prescribed fee. 17(2): any person may obtain a certified copy of a registered design on application and fee
Section 17(1) is limited to the period when copyright exists in the design. Section 17(2) is open to any person.
Inspection of registers (Section 26)
Every register open to the public at all convenient times + sealed certified copies of entries on prescribed fee
For a computer register, inspection is by the computer printout of the relevant entry.
Registration date (Section 5(6))
Registered as of the date of the application for registration
Useful when linking the register entry to the application.

How to solve Register of Designs and Publication of Particulars questions

Questions on this topic are usually short law-and-application problems. Use the same order each time: provision, facts, conclusion.

  1. 1Identify what is asked: contents of the register, its evidentiary value, publication, or inspection and copies.
  2. 2Name the right section: Section 10 for the register, Section 7 for publication, Section 17 for inspection of a design, Section 26 for inspection of registers.
  3. 3State the rule in plain words, using the key phrases from the Act, such as prima facie evidence or open to public inspection.
  4. 4Apply it to the facts. Check who is acting, whether the design is registered, and whether the register is on computer.
  5. 5Check the timing. Publication follows registration. Section 17(1) inspection applies during the existence of copyright.
  6. 6Add the related point if the facts need it. For a transfer, link to Section 30, which governs entry of assignments and transmissions.
  7. 7Close with a one-line conclusion that answers the question asked.

Quickest way: Four-question check

When to use it: Use when time is short and the question is a direct or one-paragraph fact pattern.

  1. What is the document? Register (Section 10) or published particulars (Section 7).
  2. What is the act? Entry, publication, inspection or certified copy.
  3. Who acts? Controller for entry and publication. Any person for inspection and copies.
  4. What is the effect? Register is prima facie evidence. After publication the design is open to public inspection.

Common mistakes in Register of Designs and Publication of Particulars

  • Saying the register is conclusive proof.

    Students assume an official record cannot be challenged.

    Fix: Write prima facie evidence, as Section 10(4) says. It is rebuttable.

  • Saying the design is published before registration, as in patents.

    Patent procedure is studied first and is carried over.

    Fix: Section 7 says publication happens after registration. Only then is the design open to public inspection.

  • Mixing Section 17 and Section 26.

    Both deal with inspection and certified copies.

    Fix: Section 26 covers every register and certified copies of entries, sealed by the Patent Office. Section 17 covers a registered design itself.

  • Stating that the register is kept only on paper.

    Students read only the first words of Section 10.

    Fix: Section 10(1) allows it to be kept wholly or partly on computer, with safeguards. Inspection of a computer register is by printout of the entry.

  • Listing only proprietors' names as the contents of the register.

    The list is shortened when memorised.

    Fix: Add addresses, notifications of assignments and transmissions, and other prescribed matter.

  • Saying anyone may inspect a design at any time without limit.

    Section 17(1) is read loosely.

    Fix: Section 17(1) applies during the existence of copyright in the design. The person must give information that identifies the design and pay the fee.

Worked examples

Example 1

Lotus Home Wares Pvt. Ltd. of Jaipur has a registered design for a tea kettle. A rival, Kaveri Appliances, claims that the entries in the register about the ownership of the design are wrong. Lotus relies on the register. Explain the evidentiary value of the register.

Show the solution
  1. Provision: Section 10(4) says the register of designs is prima facie evidence of any matter the Act directs or authorises to be entered in it.
  2. Analysis: The proprietor's name and address, and notified assignments, are matters the Act directs to be entered. So Lotus's reliance on the register is valid as a starting point.
  3. Prima facie means the entry is accepted unless disproved. It is not conclusive.
  4. Kaveri can challenge the entry by proving it is wrong. The register does not bar that.
  5. Conclusion: The register supports Lotus's case on ownership, but Kaveri may rebut it with evidence.

Answer: The register is prima facie evidence under Section 10(4). It favours Lotus, but it is rebuttable, so Kaveri can displace it by proving the entry wrong.

Example 2

Anita wants to know the particulars of a design registered a month ago, and she also wants a certified copy of the registered design. Advise her on publication, inspection and copies.

Show the solution
  1. Provision on publication: Under Section 7 the Controller, as soon as may be after registration, causes the prescribed particulars to be published in the prescribed manner. After that the design is open to public inspection.
  2. Application: The design is already registered, so the particulars should be published and the design open to inspection.
  3. Inspection: Under Section 17(1), during the existence of copyright in the design, she may inspect it by giving information that identifies the design and paying the prescribed fee, in the prescribed manner.
  4. Certified copy: Under Section 17(2), any person may obtain a certified copy of a registered design on application to the Controller and payment of the prescribed fee.
  5. If she also wants a certified copy of an entry in the register, Section 26 allows sealed certified copies of any entry on payment of the fee.
  6. Conclusion: Anita can inspect and obtain a certified copy by applying and paying the prescribed fees.

Answer: Because the design is registered, its particulars are published under Section 7 and open to inspection. Anita may inspect it under Section 17(1) and obtain a certified copy under Section 17(2) on paying the prescribed fees. A certified copy of a register entry comes under Section 26.

Exam tips

  • Quote the key phrases: prima facie evidence, open to public inspection, wholly or partly on computer.
  • State that publication follows registration under Section 7. Examiners like this contrast with patents.
  • Keep Sections 17 and 26 apart. Name the one you use and why.
  • Link the register to Section 30 when a question involves assignment, licence or mortgage. Entry in the register is what makes the instrument usable as evidence of title in court, unless the court directs otherwise.
  • Give the section number with every rule, and finish with a one-line conclusion.

Practice questions from Industrial Designs

Register of Designs and Publication of Particulars: frequently asked questions

What does Section 10 of the Designs Act, 2000 provide?

It requires a register of designs to be kept at the patent office. The register records proprietors' names and addresses, notifications of assignments and transmissions, and other prescribed matter. It may be kept wholly or partly on computer and is prima facie evidence of matters entered in it.

When are the particulars of a registered design published?

Under Section 7, the Controller publishes the prescribed particulars as soon as may be after registration. The design is then open to public inspection. The particulars and manner of publication are set by rules.

How can I inspect the register of designs?

Section 26 says every register is open to public inspection at all convenient times, subject to the Act. If the register is on computer, you inspect the computer printout of the relevant entry. You can also get a sealed certified copy of an entry by paying the prescribed fee.

Is the register of designs conclusive evidence?

No. Section 10(4) makes it prima facie evidence of matters the Act directs or authorises to be entered. This means it is accepted unless proved otherwise.