Chapter III - Copyright in Registered Designs
Section 15
Section 15: Requirements before delivery on sale
Section 15 imposes requirements before articles bearing a registered design are delivered on sale. It distinguishes supplying required representations or specimens from marking the articles as registered, and gives different consequences for each failure.
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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) Before delivery on sale of any articles to which a registered design has been applied, the proprietor shall—
(a) (if exact representations or specimens were not finished on the application for registration) furnish to the Controller the prescribed number of exact representations or specimens of the design; and, if he fails to do so, the Controller may, after giving notice thereof to the proprietor, erase his name from the register and thereupon the copyright in the design shall cease; and
(b) cause each such article to be marked with the prescribed mark, or with the prescribed words or figures denoting that the design is registered; and, if he fails to do so, the proprietor shall not be entitled to recover any penalty or damages in respect of any infringement of his copyright in the design unless he shows that he took all proper steps to ensure the marking of the article, or unless he shows that the infringement took place after the person guilty thereof knew or had received notice of the existence of the copyright in the design.
(2) Where a representation is made to the Central Government by or on behalf of any trade or industry that in the interest of the trade or industry it is expedient to dispense with or modify as regards any class or description of articles any of the requirements of this section as to marking, the Central Government may, if it thinks fit, by rule under this Act, dispense with or modify such requirements as regards any such class or description of articles to such extent and subject to such conditions as it thinks fit.
Rule and business relevance
Where the exact representations or specimens were not supplied with the registration application, the proprietor must furnish the prescribed number. After notice, a failure can lead the Controller to erase the proprietor's name and the design copyright ceasing. Failure to mark articles restricts recovery of penalties or damages unless the proprietor proves the stated proper-steps or infringer-knowledge condition.
Limits and related provisions
A marking omission is not described here as automatic cancellation in every case. The specific exceptions about proper steps or knowledge/notice must be assessed. Any dispensation or modification for a class of articles depends on rules made by the Central Government under subsection (2), not a manufacturer's unilateral decision.
Hypothetical business example
Hypothetical: a product batch leaves without the prescribed design marking. The proprietor investigates its marking controls and when an alleged infringer learned of the copyright, rather than assuming that possession of a registration certificate alone settles entitlement to damages.
Practical decision flow
Check whether the prescribed representations or specimens were furnished and resolve any outstanding requirement.
Implement the applicable article marking and keep evidence of the steps taken before delivery on sale.
For enforcement, preserve proof of marking, notice and knowledge, and verify any applicable rule-based dispensation.
Practical checklist
Do
- Check whether the prescribed representations or specimens were furnished and resolve any outstanding requirement.
- Implement the applicable article marking and keep evidence of the steps taken before delivery on sale.
- For enforcement, preserve proof of marking, notice and knowledge, and verify any applicable rule-based dispensation.
Avoid
- A marking omission is not described here as automatic cancellation in every case. The specific exceptions about proper steps or knowledge/notice must be assessed. Any dispensation or modification for a class of articles depends on rules made by the Central Government under subsection (2), not a manufacturer's unilateral decision.
Glossary
- Prescribed marking
- The mark, words or figures required to denote registration under the applicable rules.
- Notice of copyright
- Information relevant to the infringer-knowledge exception in subsection (1)(b).
Frequently asked questions
Does failure to mark always cancel design copyright?
The marking limb addresses recovery of penalties or damages and its exceptions. The representation/specimen limb has its own notice-and-erasure consequence.
Can proof of proper marking steps matter even if an article was unmarked?
Yes. Subsection (1)(b) expressly includes proof that all proper steps to ensure marking were taken.
May a business exempt itself from marking because marking is inconvenient?
No. Subsection (2) concerns Government rules dispensing with or modifying requirements for a class or description of articles.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026