Chapter VII - Powers and Duties of Controller
Section 35
Section 35: Refusal to register a design in certain cases
Section 35 permits refusal where the Controller considers that use of a design would be contrary to public order or morality. It also provides an appeal to the High Court from an order under the section.
On this page
Need advice on Section 35?
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 refuse to register a design of which the use would, in his opinion, be contrary to public order or morality.
(2) An appeal shall lie to the High Court from an order of the Controller under this section.
Rule and business relevance
The provision focuses on the contemplated use of the design and the Controller's opinion about public order or morality. It operates alongside the registration conditions elsewhere in the Act, including Section 5's public-order and morality language.
Limits and related provisions
Novelty alone does not ensure registration if this ground applies. Conversely, the existence of a discretionary power does not dispense with applicable procedure. The appeal must be assessed with Section 36's timing and the High Court's rules.
Hypothetical business example
Hypothetical: an otherwise novel design is refused because of the Controller's public-order assessment. The applicant examines the reasoned order and appeal route, rather than assuming novelty automatically overrides that separate ground.
Practical decision flow
Review the design, intended use and the precise public-order or morality concern raised.
Address the concern through the available procedure and retain the Controller's order.
If challenging refusal, check the statutory appeal right, Section 36 calculation and court requirements promptly.
Practical checklist
Do
- Review the design, intended use and the precise public-order or morality concern raised.
- Address the concern through the available procedure and retain the Controller's order.
- If challenging refusal, check the statutory appeal right, Section 36 calculation and court requirements promptly.
Avoid
- Novelty alone does not ensure registration if this ground applies. Conversely, the existence of a discretionary power does not dispense with applicable procedure. The appeal must be assessed with Section 36's timing and the High Court's rules.
Glossary
- Public order or morality
- The statutory ground concerning the use of the design in Section 35.
- Appeal
- The High Court remedy expressly provided against an order under this section.
Frequently asked questions
Is novelty enough to defeat a Section 35 refusal?
No. Public order and morality are separate matters from novelty.
Is an appeal provided?
Yes. Subsection (2) provides an appeal to the High Court.
Where is the general appeal period stated?
Section 36 states the period and the specified exclusion for time occupied in granting a copy of the order.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026