Chapter III - Copyright in Registered Designs
Section 14
Section 14: rights after a lapsed design is restored
Restoration does not erase the period when a registered design had ceased to have effect. The Controller may impose terms protecting intervening users, and the Act bars infringement proceedings for acts committed during that lapse period.
On this page
Need advice on Section 14?
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) Where the registration of a design is restored, the rights of the registered proprietor shall be subject to such provisions as may be prescribed and to such other provisions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the benefit of applying the design between the date when the registration of the design ceased to have effect and the date of restoration of the registration of the design.
(2) No suit or other proceeding shall be commenced in respect of piracy of a registered design or infringement of the copyright in such design committed between the date on which the registration of the design ceased to have effect and the date of the restoration of the design.
Introduction
Section 14 balances the restored proprietor's position with people who began using, or made definite preparations to use, the design during lapse. The exact protection can depend on applicable rules and terms in the Controller's order.
Key takeaways
Intervening users
The Controller may impose terms protecting or compensating people who used or took definite steps to use the design during lapse.
No lapse-period claim
No suit or other proceeding may begin for piracy or infringement committed between cessation and restoration.
Read the order
Restored rights remain subject to prescribed provisions and any protective or compensatory terms imposed by the Controller.
Establish the two dates
Record when registration ceased and when it was restored. They define the interval relevant to both subsections.
Examine intervening conduct
Identify anyone who began applying the design or took definite steps, by contract or otherwise, during the lapse interval. Check the Controller's order for protection or compensation terms.
Screen enforcement claims
Separate alleged acts by date. Section 14(2) bars commencing a suit or other proceeding for piracy or infringement committed in the lapse interval, even after restoration.
Practical checklist
Do
- Keep the lapse and restoration orders and register entries together.
- Review intervening user evidence and any Controller-imposed terms before licensing or enforcement.
- Date each alleged infringing act before deciding whether a claim is available.
Avoid
- Do not treat restoration as retroactive enforcement for the lapse interval.
- Do not overlook protections set by the Controller for intervening users.
Glossary
- Lapse interval
- The period between the date registration ceased to have effect and the date it was restored.
- Intervening user
- A person who began using, or took definite steps to use, the design during that interval.
Frequently asked questions
Can the proprietor sue for use while the design was lapsed?
No. Section 14(2) bars a suit or other proceeding for piracy or infringement committed between cessation and restoration.
Can an earlier user receive protection after restoration?
Yes. Section 14(1) permits the Controller to impose protection or compensation terms for qualifying intervening users, subject to prescribed provisions.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026