MINISTRY OF COMMERCE AND INDUSTRY
(Department for Promotion of Industry and Internal Trade)
New Delhi, the 18th October, 2019
G.S.R. 798(E).—The following draft rules to further amend the Designs Rules, 2001, which the Central Government proposes to make in exercise of the powers conferred by sub-section (2) of section 47 of the Designs Act, 2000 (16 of 2000), are hereby published, as required by sub-section (3) of the said section, for the information of all persons likely to be affected thereby, and notice is hereby given that the said draft rules will be taken into consideration after the expiry of a period of thirty days from the date on which copies of the Gazette of India in which this notification is published, are made available to the public;
Objections or suggestions, if any, may be addressed to Dr. Ashish Kumar, Senior Development Officer, Department for Promotion of Industry and Internal Trade, Ministry of Commerce and Industry, Government of India, Udyog Bhawan, New Delhi-110011 or by e-mail at [email protected]
The objections and suggestions, which may be received from any person with respect to the said draft rules before the expiry of the period so specified, shall be considered by the Central Government.
1. These rules may be called the Designs (Amendment) Rules, 2019.
2. In rule 2 of the Designs Rules, 2001 (hereinafter referred to as the said rules), after clause (ea), the following clause shall be inserted, namely:-
(eb) “startup” means-
(a) an entity in India recognised as a startup by the competent authority under Startup India initiative;
(b) in case of a foreign entity, an entity fulfilling the criteria for turnover and period of incorporation/ registration as per Startup India Initiative and submitting declaration to that effect.
Explanation: In calculating the turnover, reference rates of foreign currency of the Reserve Bank of India shall prevail.”
3. In Rule 5 of the said rules, in sub-rule (2),
(i) clause (e) shall be substituted by the following clause, namely:-
“(e) In case an application processed by a natural person and/ or startup and/ or small entity is fully or partly transferred to a person other than a natural person, startup or small entity, the difference, if any, in the scale of fees between the fees charged from the natural person, startup or small entity and the fees chargeable from the person other than a natural person, startup or small entity in the same matter, shall be paid by the new applicant with the request for transfer.”;
(ii) clause (f) shall be deleted.
(iii) an explanation shall be inserted after sub-rule (e), namely:-
“Explanation— Where a startup/ small entity, having filed an application for a design, ceases to be a startup/ small entity due to the lapse of the period during which it is recognised by the competent authority, or its turnover subsequently crosses the financial threshold limit as notified by the competent authority, no such difference in the scale of fees shall be payable.”
4. In Rule 10 of the said rules, clause (1) shall be substituted, namely:-
“For the purposes of the registration of designs and of these rules, articles shall be classified as per current edition of “International Classification for Industrial Designs (Locarno Classification)” published by World Intellectual Property Organization (WIPO).”
5. In the said rules, the FIRST SCHEDULE shall be substituted by the following, namely:-
[F.No. P- 24024/81/2019-IPR-V]
RAJIV AGGARWAL, Jt. Secy