Chapter III - Copyright in Registered Designs
Section 13
Section 13: decision on design restoration
After a section 12 restoration application, the Controller examines why the extension fee was missed and whether the applicant delayed unduly. Restoration follows only if the statutory conditions and payment requirements are met.
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Need advice on Section 13?
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) If, after hearing the applicant in cases where the applicant so desires or the Controller thinks fit, the Controller is satisfied that the failure to pay the fee for extension of the period of copyright was unintentional and that there has been no undue delay in the making of the application, the Controller shall upon payment of any unpaid fee for extension of the period of copyright together with prescribed additional fee restore the registration of design.
(2) The Controller may, if he thinks fit as a condition of restoring the design, require that any entry shall be made in the register of any document or matter which under the provision of this Act, has to be entered in the register but which has not been so entered.
Introduction
Section 13 is the decision stage following a section 12 application. The one-year filing window in section 12 is not the only timing issue: the Controller must also be satisfied that there was no undue delay.
Key takeaways
Unintentional default
The Controller must be satisfied that failure to pay the extension fee was unintentional.
No undue delay
The application must also have been made without undue delay; filing within one year alone does not settle that question.
Fees and register
Restoration follows payment of unpaid extension and prescribed additional fees; the Controller may also require missing register entries.
Establish the reason for non-payment
Keep a dated, verified explanation and evidence showing how the extension fee came to be missed. Section 13(1) requires the Controller to be satisfied that the failure was unintentional.
Explain the filing timeline
Document when the lapse was discovered and why the restoration application was filed when it was. The Controller separately tests whether there was undue delay.
Complete payment and register conditions
If the statutory test is met, pay the unpaid extension fee and prescribed additional fee. Check whether the Controller requires outstanding documents or matters to be entered in the register under subsection (2).
Practical checklist
Do
- Preserve the application, evidence, hearing request or notice, and final order.
- Check the current fee schedule rather than relying on an old amount.
- Confirm restoration appears in the register before relying on the right.
Avoid
- Do not assume a timely section 12 filing guarantees restoration.
- Do not treat the restored right as covering conduct in the lapse interval; section 14 limits that.
Glossary
- Undue delay
- Delay in making the restoration application that the Controller considers unjustified under section 13(1).
- Additional fee
- The prescribed amount paid alongside the unpaid extension fee as a condition of restoration.
Frequently asked questions
Is a hearing always required?
Section 13(1) provides for hearing where the applicant desires it or the Controller thinks fit.
What must the Controller be satisfied about?
That non-payment was unintentional and there was no undue delay in making the application.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026