INTRODUCTION

In the world of intellectual property, maintaining legal rights over a registered design is as crucial as obtaining them. However, due to administrative oversight, non-payment of renewal fees, or other reasons, registered designs may lapse. Fortunately, the Designs Act, 2000 in India provides a mechanism for the revival of lapsed designs. This revival ensures that genuine rights holders are not permanently deprived of protection due to inadvertent lapses. The procedure is strictly regulated, time-bound, and requires demonstrating valid reasons for non-renewal. This article outlines the formal procedure and essential considerations for reviving a lapsed design in India.

UNDERSTANDING LAPSE OF A REGISTERED DESIGN

A registered design in India is initially protected for 10 years, with an option to extend it for an additional 5 years by applying for renewal. If the renewal application and required fee are not submitted before the expiry of the original term, the design lapses and loses its enforceability.

GROUNDS FOR REVIVAL

The design can be revived if the lapse occurred due to:

• Unintentional oversight or error by the proprietor.
  
• Failure to receive notifications regarding upcoming renewal.
  
• Mistaken belief that renewal had been completed.
  

The applicant must satisfy the Controller of Designs that the failure to renew was unintentional and genuine.

TIME LIMIT FOR REVIVAL APPLICATION

The application for restoration must be made within one year from the date on which the design ceased to have effect. Any application filed after this period is liable to be rejected without consideration.

FILING THE APPLICATION FOR RESTORATION

The applicant must submit:

• Form 4: Application for restoration of lapsed design under Rule 24 of the Designs Rules, 2001.
  
• Statement of case: A written declaration explaining the reason for non-payment of renewal fees.
  
• Prescribed fee: As applicable under the First Schedule of the Designs Rules.
  

The application is submitted to the Controller General of Patents, Designs, and Trade Marks (CGPDTM) at the Kolkata Design Office.

EXAMINATION OF RESTORATION REQUEST

The Controller reviews the statement of case to assess the validity of the reasons given. If satisfied, the application is allowed. However, if the Controller has doubts, he may call for further evidence or clarification from the applicant.

REINSTATEMENT OF DESIGN

If the application is accepted:

• The design is restored to the Register of Designs.
  
• The design rights are revived from the date of expiration as though the lapse had not occurred.
  
• The restoration is published in the official journal for public notice.
  

EFFECT OF REVIVAL ON THIRD PARTIES

If third parties have used the design in good faith during the period of lapse, the Controller may impose conditions to protect their interests. This could include allowing them to continue usage or avoid penalties, ensuring fair balance between original owners and interim users.

IMPORTANCE OF TIMELY RENEWALS

While revival is possible, it is a remedial and exceptional measure. Design proprietors are strongly encouraged to track renewal dates proactively, use docketing systems, or engage IP professionals to avoid lapse situations altogether.

CONCLUSION

The procedure for revival of lapsed designs offers a second chance to genuine proprietors, allowing them to recover lost protection. However, the process is strictly time-bound, discretionary, and conditional. Adhering to statutory requirements and demonstrating sincerity are essential to a successful restoration. Prevention through diligent renewal management remains the best strategy.

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