Chapter X - Powers, Etc., of Central Government
Section 44
Section 44: Convention priority and reciprocal protection
Section 44 provides convention-priority protection for qualifying foreign design applications. The six-month filing window, the earliest relevant application and the restriction on pre-registration piracy damages are key business considerations.
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Need advice on Section 44?
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) Any person who has applied for protection for any design in the United Kingdom or any of other convention countries or group of countries or countries which are members of inter-governmental organisations, or his legal representative or assignee shall, either alone or jointly with any other person, be entitled to claim that the registration of the said design under this Act shall be in priority to other applicants and shall have the same date as the date of the application in the United Kingdom or any of such other convention countries or group of countries or countries which are members of inter-governmental organisations, as the case may be:
Provided that—
(a) the application is made within six months from the application for protection in the United Kingdom or any such other convention countries or group of countries or countries which are members of inter-governmental organisations, as the case may be; and
(b) nothing in this section shall entitle the proprietor of the design to recover damages for piracy of design happening prior to the actual date on which the design is registered in India.
(2) The registration of a design shall not be invalidated by reason only of the exhibition or use of or the publication of a description or representation of the design in India during the period specified in this section as that within which the application may be made.
(3) The application for registration of a design under this section has been made in the same manner as an ordinary application under this Act.
(4) Where it is made to appear to the Central Government that the legislature of the United Kingdom or any such other convention country or a country which is member of any group of countries or inter-governmental organisation as may be notified by the Central Government in this behalf has made satisfactory provision for the protection of designs registered in India, the Central Government may, by notification in the Official Gazette, direct that the provisions of this section, with such variations or additions, if any, as may be set out in such notification, shall apply for the protection of designs registered in the United Kingdom or that other convention country or such country which is member of any group of countries or inter-governmental organisation, as the case may be.
Explanation 1.—For the purposes of this section, the expression “convention countries”, “group of countries” or “inter-governmental organisation” means, respectively, such countries, group of countries or inter-governmental organisation to which the Paris Convention for Protection of Industrial Property, 1883 as revised at Stockholm in 1967 and as amended in 1979 or the Final Act, embodying the results of the Uruguay Round of Multilateral Trade Negotiations, provided for the establishment of World Trade Organisation applies.
Explanation 2.—Where more than one application for protection referred to in sub-section (1) has been made for similar protections in the United Kingdom or one or more convention countries, group of countries or countries which are members of inter-governmental organisations, the period of six months referred to in clause (a) of that sub-section shall be reckoned from the date of which the earlier or the earliest application, as the case may be, of such applications has been made.
Rule and business relevance
A qualifying applicant, legal representative or assignee may claim priority in India based on the specified foreign application. The Indian application must be made within six months; where more than one relevant application exists, the earlier or earliest date governs. The section protects against invalidation solely because of the stated intervening Indian exhibition, use or publication within the period.
Limits and related provisions
Foreign filing does not itself create an Indian registration or entitlement to damages for piracy before actual Indian registration. The ordinary Indian application procedure still applies, and qualifying country/organisation and notification conditions must be checked. Do not restart the priority clock by choosing a later similar foreign filing.
Hypothetical business example
Hypothetical: a business files the same design first in one qualifying country and later in another. Its Indian priority plan uses the earliest relevant application and the six-month window, rather than treating the second filing as a fresh six months.
Practical decision flow
Identify the earliest relevant foreign application, claimant's entitlement and qualifying convention framework.
Prepare the Indian application and priority evidence within the statutory six-month window under current procedure.
Separate the priority date from actual Indian registration and assess enforcement periods accordingly.
Practical checklist
Do
- Identify the earliest relevant foreign application, claimant's entitlement and qualifying convention framework.
- Prepare the Indian application and priority evidence within the statutory six-month window under current procedure.
- Separate the priority date from actual Indian registration and assess enforcement periods accordingly.
Avoid
- Foreign filing does not itself create an Indian registration or entitlement to damages for piracy before actual Indian registration. The ordinary Indian application procedure still applies, and qualifying country/organisation and notification conditions must be checked. Do not restart the priority clock by choosing a later similar foreign filing.
Glossary
- Convention priority
- The priority benefit based on a qualifying earlier foreign design application.
- Earliest application
- The relevant first application from which Explanation 2 requires the six-month period to be reckoned.
Frequently asked questions
Can a later similar foreign filing reset the six-month period?
Explanation 2 uses the earlier or earliest relevant application where more than one exists.
Does the priority date allow piracy damages before actual Indian registration?
No. The subsection (1) proviso expressly denies that entitlement for the prior period.
Is an Indian application still required?
Yes. The convention mechanism does not replace the Indian registration application and its procedural requirements.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026