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Chapter III - Copyright in Registered Designs

Section 16

Section 16: Effect of disclosure on copyright

Certain confidential disclosures and a first confidential textile-design order do not by themselves defeat a later design registration.

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Need advice on Section 16?

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.

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Statutory text

Bare law

The disclosure of a design by the proprietor to any other person, in such circumstances as would make it contrary to good faith for that other person to use or publish the design, and the disclosure of a design in breach of good faith by any person, other than the proprietor of the design, and the acceptance of a first and confidential order for articles bearing a new or original textile design intended for registration, shall not be deemed to be a publication of the design sufficient to invalidate the copyright thereof if registration thereof is obtained subsequently to the disclosure or acceptance.

Introduction

Section 16 protects certain disclosures made in confidence or in breach of good faith from counting as publication that defeats later design registration. The protection is tied to the exact circumstances stated in the section.

Key takeaways

1

Statutory scope

Section 16 protects certain disclosures made in confidence or in breach of good faith from counting as publication that defeats later design registration. The protection is tied to the exact circumstances stated in the section.

2

What to check

Record who disclosed the design, to whom, when and under what confidentiality circumstances.

Apply the section

Record who disclosed the design, to whom, when and under what confidentiality circumstances.

Preserve the first confidential order and register the design after the relevant disclosure or acceptance.

Illustration

A product designer shows a prototype to a manufacturer under a confidential development arrangement before filing; Section 16 may address whether that disclosure counts as invalidating publication.

Practical checklist

Do

  • Use clear confidentiality terms and keep dated disclosure records.
  • File promptly and preserve evidence of who knew the design.

Avoid

  • Do not assume every public product launch qualifies as a good-faith confidential disclosure.

Frequently asked questions

Does a confidential manufacturer discussion always destroy novelty?

Section 16 says disclosures in its specified circumstances are not deemed invalidating publication if registration follows.

Does it cover any disclosure by a third party?

The section specifies a disclosure in breach of good faith by a person other than the proprietor.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026