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Chapter V - Legal Proceedings

Section 23

Section 23: Application of certain provisions of the Act as to patents to designs

Specified Patents Act remedies and validity-certificate provisions apply to registered designs with design-specific substitutions.

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Need advice on Section 23?

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 provisions of the Patents Act, 1970 (39 of 1970) with regard to certificates of the validity of a patent, and to the remedy in case of groundless threats of legal proceedings by a patentee shall apply in the case of registered designs in like manner as they apply in the case of patents, with the substitution of references to the copyright in a design for reference to a patent, and of references to the proprietor of a design for references to patentee, and of references to the design for references to the invention.

Introduction

Section 23 applies specified Patents Act rules about validity certificates and groundless litigation threats to registered designs, with references adapted to the design and its proprietor.

Key takeaways

1

Statutory scope

Section 23 applies specified Patents Act rules about validity certificates and groundless litigation threats to registered designs, with references adapted to the design and its proprietor.

2

What to check

Identify whether the issue is a validity certificate or an allegedly groundless threat.

Apply the section

Identify whether the issue is a validity certificate or an allegedly groundless threat.

Read the relevant Patents Act rule with Section 23’s substitutions before seeking a remedy.

Illustration

If a business receives a demand alleging design infringement, it can examine whether the threat remedy incorporated by Section 23 applies to the exact wording and circumstances.

Practical checklist

Do

  • Preserve the demand and registration documents.
  • Map each patent-law reference to the design-specific substitution.

Avoid

  • Do not assume every warning letter is an actionable groundless threat.

Frequently asked questions

Does the Patents Act apply wholesale?

No. Section 23 imports the specified provisions and substitutes design-related references.

What two topics are imported?

Validity certificates and remedies for groundless threats of legal proceedings.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026