Chapter III - Copyright in Registered Designs
Section 11
Section 11: copyright on registration of a design
A registered design receives a ten-year term from its registration date. Section 11 allows a further five years if the proprietor applies to the Controller before the original ten years expire and pays the prescribed fee.
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Need advice on Section 11?
This article is for general information. Refer to the Designs Act, 2000 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during ten years from the date of registration.
(2) If, before the expiration of the said ten years, application for the extension of the period of copyright is made to the Controller in the prescribed manner, the Controller shall, on payment of the prescribed fee, extend the period of copyright for a second period of five years from the expiration of the original period of ten years.
Introduction
The word ‘copyright’ in section 11 describes the right in a registered industrial design under this Act. It is not an assertion that every design also qualifies for copyright under the Copyright Act, 1957.
Key takeaways
Initial term
The registered proprietor has the design right for ten years from registration, subject to the Act.
One extension
A timely application and prescribed fee produce a second period of five years after the first ten years.
File before expiry
Section 11(2) requires the extension application before the initial term expires. Section 12 deals separately with possible restoration after lapse.
Calculate the rights period
Use the design's registration date in the register and check section 5(6), which ordinarily registers a design as of its application date. Mark the end of the first ten-year period and retain the certificate and register extract.
Extend in time
Apply to the Controller before the initial ten years end, using the current prescribed manner and fee. Rule 23 of the Designs Rules, 2001 addresses the extension application. Keep proof of filing and payment.
If the term has lapsed
Do not presume the right continues automatically. Sections 12 to 14 govern applications for restoration and the consequences of restoration; check their conditions before making an enforcement claim.
Practical checklist
Do
- Verify the registration date and calculate the initial expiry.
- Set an internal reminder well before the ten-year expiry.
- Check current Rule 23 and the fee schedule when filing the extension.
Avoid
- Do not assume the five-year period is automatic.
- Do not describe the right as perpetual.
Glossary
- Registered proprietor
- The person recorded as proprietor of the registered design.
- Extension
- The additional five-year period available on a timely application and fee under section 11(2).
Frequently asked questions
How long does a registered design last?
The initial term is ten years from registration; a further five years is possible through the section 11(2) procedure.
Is the extra five years automatic?
No. The application must be made before the first ten years expire and the prescribed fee paid.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026