Chapter VI - General
Section 30
Section 30: Assignment and transmission of title
Section 30 records changes in proprietorship and other interests in registered designs. Written transaction terms and timely title-registration applications are central requirements, not merely optional paperwork after a commercial deal.
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Need advice on Section 30?
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 a person becomes entitled by assignments, transmission or other operation of law to the copyright in a registered design, he may make application in the prescribed form to the Controller to register his title, and the Controller shall, on receipt of such application and on proof of title to his satisfaction, register him as the proprietor of such design, and shall cause an entry to be made in the prescribed manner in the register of the assignment, transmission or other instrument affecting the title.
(2) Where any person becomes entitled as mortgagee, licensee or otherwise to any interest in a registered design, he may make an application in the prescribed form to the Controller to register his title, and the Controller shall, on receipt of such application and on proof of title to his satisfaction, cause notice of the interest to be entered in the prescribed manner in the register of designs, with particulars of the instrument, if any, creating such interest.
(3) For the purposes of sub-section (1) or sub-section (2), an assignment of a design or of a share in a design, a mortgage, licence or the creation of any other interest in a design shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of an instrument embodying all the terms and conditions governing their rights and obligation and the application for registration of title under such instrument is filed in the prescribed manner with the Controller within six months from the execution of the instrument or within such further period not exceeding six months in the aggregate as the Controller on the application made in the prescribed manner allows:
Provided that the instrument shall, on entry of its particulars in the register under sub-section (1) or sub-section (2), have the effect from the date of its execution.
(4) The person registered as the proprietor of a design shall, subject to the provisions of this Act and to any rights appearing from the register to be vested in any other person, have power absolutely to assign, grant licenses as to, or otherwise deal with, the design and to give effectual receipts for any consideration for any such assignment, licence or dealing:
Provided that any equities in respect of the design may be enforced in like manner as in respect of any other movable property.
(5) Except in the case of an application made under section 31, a document or instrument in respect of which no entry has been made in the register in accordance with the provisions of sub-sections (1) and (2) shall not be admitted in evidence in any court in proof of the title to copyright in a design or to any interest therein, unless the court, for reasons to be recorded in writing, otherwise directs.
Rule and business relevance
A person entitled through assignment, transmission or other operation of law may seek registration as proprietor, while a mortgagee, licensee or other interest-holder may seek a notice of that interest. Subsection (3) requires the specified transactions to be in writing, embody all terms and conditions and have the title application filed within six months of execution, or an allowed further period not exceeding six months in the aggregate.
Limits and related provisions
The further period requires the prescribed application and Controller's allowance; it is not an automatic twelve-month deadline. On entry, the instrument has effect from execution as stated by the proviso. Unrecorded instruments face the subsection (5) evidence restriction, subject to its Section 31 exception and a court's reasoned direction.
Hypothetical business example
Hypothetical: a registered design is licensed under a written agreement. The licensee assembles proof of the interest and applies to record it within the statutory window. It does not assume payment of royalties or an unsigned email chain automatically satisfies the title formalities.
Practical decision flow
Identify whether the transaction transfers proprietorship or creates a licence, mortgage or other interest.
Execute a written instrument containing all terms, gather proof of title and diarise the six-month application period.
File in the prescribed manner, obtain any necessary extension through the proper route and verify the resulting register entry.
Practical checklist
Do
- Identify whether the transaction transfers proprietorship or creates a licence, mortgage or other interest.
- Execute a written instrument containing all terms, gather proof of title and diarise the six-month application period.
- File in the prescribed manner, obtain any necessary extension through the proper route and verify the resulting register entry.
Avoid
- The further period requires the prescribed application and Controller's allowance; it is not an automatic twelve-month deadline. On entry, the instrument has effect from execution as stated by the proviso. Unrecorded instruments face the subsection (5) evidence restriction, subject to its Section 31 exception and a court's reasoned direction.
Glossary
- Transmission
- Devolution of an interest through the relevant operation of law rather than necessarily a voluntary assignment.
- Title-registration application
- The prescribed application to record proprietorship or another interest under Section 30.
Frequently asked questions
Is the maximum additional six months automatic?
No. The Controller must allow the further period on an application made in the prescribed manner.
Does the section only cover outright assignments?
No. It also addresses mortgagees, licensees and other interests in registered designs.
Can an unrecorded instrument always be used to prove title in court?
No. Subsection (5) restricts its evidential use, subject to the stated Section 31 exception and a court's written reasons directing otherwise.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026