Chapter VIII - Evidence, Etc.
Section 38
Section 38: Controller certificates as evidence
Section 38 gives prima facie evidential value to a Controller's certificate about matters the Controller is authorised to make or do. That standard should be distinguished from conclusive proof of every disputed fact.
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Need advice on Section 38?
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
A certificate purporting to be under the hand of the Controller as to any entry, matter or thing which he is authorized by this Act, or any rules made thereunder to make or do, shall be prima facie evidence of the entry having been made, and of the contents thereof, and of the matter or thing having been done or left undone.
Rule and business relevance
The certificate can be evidence that a register entry was made, of its contents and of an authorised matter or thing being done or left undone. Its scope depends on the Controller's authority under the Act or rules and the certificate's actual subject.
Limits and related provisions
Prima facie evidence is not the same as an irrebuttable determination of ownership, validity or infringement. A certificate outside the described subject or disputed facts beyond it need their own assessment. Section 39 separately deals with certified and sealed copies or extracts.
Hypothetical business example
Hypothetical: a proprietor produces a Controller's certificate showing a recorded entry. The court can consider it as prima facie evidence of the stated registration matter; the opponent's separate challenge to validity is not automatically extinguished by its existence.
Practical decision flow
Identify the authorised entry, act or omission that the certificate addresses.
Obtain and preserve the certificate in the form required for the proceeding.
Separate its prima facie evidential effect from the additional facts needed to prove the claim or defence.
Practical checklist
Do
- Identify the authorised entry, act or omission that the certificate addresses.
- Obtain and preserve the certificate in the form required for the proceeding.
- Separate its prima facie evidential effect from the additional facts needed to prove the claim or defence.
Avoid
- Prima facie evidence is not the same as an irrebuttable determination of ownership, validity or infringement. A certificate outside the described subject or disputed facts beyond it need their own assessment. Section 39 separately deals with certified and sealed copies or extracts.
Glossary
- Prima facie evidence
- Evidence sufficient on its face unless its effect is displaced through the applicable process.
- Controller's certificate
- A certificate purporting to be issued under the Controller's hand about an authorised matter.
Frequently asked questions
Is the certificate conclusive proof of everything about the design?
No. The statute calls it prima facie evidence of the specified matters.
Can it concern something left undone?
Yes. The wording includes the relevant matter or thing having been done or left undone.
Is it the same rule as a certified document copy?
No. Section 39 separately addresses certified, sealed copies and extracts.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026