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Chapter VI - General

Section 25

Section 25: Notice of trust not to be entered in registers

Section 25 keeps trusts off the designs registers: no notice of any trust, whether expressed, implied or constructive, may be entered in a register kept under the Act or received by the Controller.

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Need advice on Section 25?

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

There shall not be entered in any register kept under this Act, or be receivable by the Controller, any notice of any trust expressed, implied or constructive.

Key takeaways

1

No trust entries

No notice of any trust, expressed, implied or constructive, is entered in any register kept under the Designs Act.

2

Not receivable by the Controller

The Controller also may not receive such a notice.

What the register does record

Section 10(1) provides for a register of designs containing the names and addresses of proprietors of registered designs, notifications of assignments and transmissions, and other prescribed matter. Section 30 provides for registering title acquired by assignment, transmission or other operation of law, and for entering notice of the interest of a mortgagee, licensee or other person. Section 25 keeps trusts out of these entries.

Why it matters

Because trusts are kept off the register, it shows the registered proprietor and registered interests. Section 10(4) makes the register prima facie evidence of any matter the Act directs or authorises to be entered in it. Any trust arrangement has to be documented and enforced outside the register.

Hypothetical business example

Hypothetical: A designer holds a registered design on behalf of a family trust. The Controller will not record the trust. The trust is evidenced by the trust documents, while the register continues to show the registered proprietor.

Procedure

For the forms and fees for recording an assignment or other registrable interest, check the current Designs Rules and official IP India guidance.

Practical checklist

Do

  • Record assignments, licences and mortgages under section 30 using written instruments.
  • Keep trust documents separately where a design is held on trust.

Avoid

  • Do not file a notice of trust with the Controller.
  • Do not assume the register shows who benefits under a trust.

Glossary

Constructive trust
A trust imposed by law from the circumstances, whatever the parties intended.
Register of designs
The register kept under section 10.

Frequently asked questions

Can a trust over a registered design be recorded?

No. Section 25 bars the entry of any notice of trust in the registers and its receipt by the Controller.

Can a licence or mortgage be recorded?

Section 30(2) allows a person entitled as mortgagee, licensee or otherwise to apply to have notice of the interest entered in the register.

Does section 25 make trusts invalid?

No. It only keeps notices of trusts off the registers kept under the Act.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 11 October 2026