Chapter VI - General
Section 31
Section 31: Rectification of register
An aggrieved person can ask the Controller to correct an improper or missing design-register entry, with High Court appeal or reference.
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Need advice on Section 31?
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) The Controller may, on the application in the prescribed manner of any person aggrieved by the non-insertion in or omission from the register of designs of any entry, or by any entry made in such register without sufficient cause, or by any entry wrongly remaining on such register, or by an error or defect in any entry in such register, make such order for making, expunging or varying such entry as he thinks fit and rectify the register accordingly.
(2) The Controller may, in any proceeding under this section, decide any question that may be necessary or expedient to decide in connection with the rectification of a register.
(3) An appeal shall lie to the High Court from any order of the Controller under this section and the Controller may refer any application under this section to the High Court for decision, and the High Court shall dispose of any application so referred.
(4) Any order of the Court rectifying a register shall direct that notice of the rectification be served on the Controller in the prescribed manner who shall upon the receipt of such notice rectify the register accordingly.
(5) Nothing in this section shall be deemed to empower the Controller to make any such order cancelling the registration of a design as is provided for in section 19.
Introduction
Section 31 lets an aggrieved person seek rectification of a missing, wrongly made, wrongly remaining or defective design-register entry. It does not empower the Controller to cancel registration under the separate Section 19 procedure.
Key takeaways
Statutory scope
Section 31 lets an aggrieved person seek rectification of a missing, wrongly made, wrongly remaining or defective design-register entry. It does not empower the Controller to cancel registration under the separate Section 19 procedure.
What to check
Identify the precise register entry and why it is missing or wrong.
Apply the section
Identify the precise register entry and why it is missing or wrong.
Prepare evidence of the claimed error and use the prescribed application process.
If the dispute is about cancellation itself, assess Section 19 instead.
Illustration
If an assignment entry remains incorrectly recorded after the underlying status changes, an aggrieved person may seek rectification of that entry under Section 31.
Practical checklist
Do
- Preserve the current extract and supporting title documents.
- Distinguish register correction from cancellation of registration.
Avoid
- Do not ask the Controller to cancel a design through Section 31; subsection (5) excludes that order.
Frequently asked questions
Can a Controller order be appealed?
Section 31(3) provides appeal to the High Court and permits reference by the Controller.
Can Section 31 cancel the design registration?
No. Subsection (5) reserves cancellation to the procedure in Section 19.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026