Chapter XI - Repeal and Saving
Section 48
Section 48: Repeal and savings
Section 48 repeals the Designs Act, 1911 while preserving specified earlier actions and setting transition rules for applications, court proceedings and older registrations. The 2000 Act itself is not repealed by this provision.
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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(1) The Designs Act, 1911 (2 of 1911) is hereby repealed.
(2) Without prejudice to the provisions contained in the General Clauses Act, 1897 (10 of 1897) with respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decision, determination, direction, approval, authorisation, consent, application, request or thing made, issued, given or done under the Designs Act, 1911 (2 of 1911), shall, in force at the commencement of this Act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this Act.
(3) The provisions of this Act shall apply to all applications for registration of designs pending at the commencement of this Act and to any proceedings consequent thereon and to any registration granted in pursuance thereof.
(4) Notwithstanding anything contained in this Act, any proceeding pending in any court at the commencement of this Act may be continued in that court as if this Act has not been passed.
(5) Notwithstanding anything contained in sub-section (2), the date of expiration of the copyright in the design registered before the commencement of this Act shall, subject to the provisions of this Act, be the date immediately after the period of five years for which it was registered or the date immediately after the period of five years for which the extension of the period of copyright for a second period from the expiration of the original period has been made.
Rule and business relevance
The savings cover the listed matters in force at commencement as corresponding actions under the new Act. Pending registration applications and consequent proceedings/registrations fall under the new Act, while court proceedings already pending may continue as if it had not been passed. Subsection (5) specifically addresses expiry of copyright in pre-commencement registrations.
Limits and related provisions
Do not apply one transition rule to every historical matter: a pending application differs from a pending court proceeding. Older five-year registration/extension wording is not the general term for a new registration under Section 11. Later events and other applicable savings still need checking.
Hypothetical business example
Hypothetical: a business inherits records for a design registered before commencement and also finds an old court proceeding. Its adviser analyses the older registration's expiry under subsection (5) separately from the pending-court saving in subsection (4).
Practical decision flow
Establish the application, registration, extension and proceeding dates relative to commencement.
Match each issue to the relevant subsection rather than treating all legacy matters identically.
Read the saved position with current records and later applicable law before claiming continuing protection.
Practical checklist
Do
- Establish the application, registration, extension and proceeding dates relative to commencement.
- Match each issue to the relevant subsection rather than treating all legacy matters identically.
- Read the saved position with current records and later applicable law before claiming continuing protection.
Avoid
- Do not apply one transition rule to every historical matter: a pending application differs from a pending court proceeding. Older five-year registration/extension wording is not the general term for a new registration under Section 11. Later events and other applicable savings still need checking.
Glossary
- Repeal and savings
- Removal of the earlier Act coupled with preservation of the specified matters.
- Transitional provision
- A rule addressing how earlier rights or proceedings move into the new legislative framework.
Frequently asked questions
Does Section 48 repeal the Designs Act, 2000?
No. It repeals the Designs Act, 1911 and establishes savings and transition rules.
Are pending applications and pending court cases treated identically?
No. Subsections (3) and (4) provide distinct rules.
Does the five-year language set the term for every new design?
No. Subsection (5) concerns pre-commencement registrations. Current new-registration term rules appear in Section 11.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026