Chapter VII - Powers and Duties of Controller
Section 36
Section 36: Appeals to the High Court
Section 36 provides the general time rule for appeals that the Designs Act declares may be brought from the Controller to the High Court. It also addresses copy-preparation time, expert assistance and court procedure.
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Need advice on Section 36?
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 an appeal is declared by this Act to lie from the Controller to the High Court, the appeal shall be made within three months of the date of the order passed by the Controller.
(2) In calculating the said period of three months, the time (if any) occupied in granting a copy of the order appealed against shall be excluded.
(3) The High Court may, if it thinks fit, obtain the assistance of an expert in deciding such appeals, and the decision of the High Court shall be final.
(4) The High Court may make rules consistent with this Act as to the conduct and procedure of all proceedings under this Act before it.
Rule and business relevance
The appeal must be made within three months of the Controller's order. In calculating that period, time occupied in granting a copy of the appealed order is excluded. The High Court may obtain expert assistance and make procedural rules consistent with the Act.
Limits and related provisions
Section 36 does not create an appeal against every communication merely because the Controller issued it: an appeal must be declared by the Act. Do not substitute three calendar months with an assumed ninety-day rule, or assume that the exclusion covers all delay before requesting a copy. Case-specific computation and other applicable law require advice.
Hypothetical business example
Hypothetical: an applicant receives an appealable refusal and requests a copy for the appeal. Its adviser tracks the order date and the actual period occupied in granting the copy, checks the court rules and files without relying on an informal estimate of the deadline.
Practical decision flow
Confirm the Act provision declaring an appeal from the particular order.
Record the order date, copy request and grant history, then calculate the three-month period and statutory exclusion carefully.
Prepare the appeal under the competent High Court's procedure and assess whether expert evidence is relevant.
Practical checklist
Do
- Confirm the Act provision declaring an appeal from the particular order.
- Record the order date, copy request and grant history, then calculate the three-month period and statutory exclusion carefully.
- Prepare the appeal under the competent High Court's procedure and assess whether expert evidence is relevant.
Avoid
- Section 36 does not create an appeal against every communication merely because the Controller issued it: an appeal must be declared by the Act. Do not substitute three calendar months with an assumed ninety-day rule, or assume that the exclusion covers all delay before requesting a copy. Case-specific computation and other applicable law require advice.
Glossary
- Appealable order
- An order for which this Act declares a right of appeal to the High Court.
- Copy-time exclusion
- The time occupied in granting a copy, excluded by subsection (2).
Frequently asked questions
What period does the section state?
Three months from the date of the Controller's order, subject to the stated copy-time exclusion and applicable legal analysis.
Does every Controller communication become appealable?
No. Section 36 applies where an appeal is declared by the Act.
Can the High Court use an expert?
Yes. It may obtain an expert's assistance in deciding such appeals if it thinks fit.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026