No Mandatory Use Requirement

• The Designs Act does not impose an obligation to use the design after registration.
  
• A design can remain registered even without being commercially used.
  
• Lack of use does not automatically invalidate the design.
  
• The right holder retains exclusive rights regardless of usage.
  
• Registration alone provides legal protection.
  

Effect on Legal Enforcement

• Non-use does not bar the proprietor from enforcing rights.
  
• The owner can still sue for infringement if the design is copied.
  
• Courts consider registration status, not actual use.
  
• Use may strengthen the claim but is not a prerequisite.
  
• The proprietor can claim damages and injunction based on ownership.
  

Risk of Cancellation by Third Parties

• A registered design can be challenged and cancelled by others.
  
• Grounds for cancellation include prior publication or lack of novelty.
  
• Non-use is not an independent ground for cancellation.
  
• Cancellation proceedings must be initiated before the Controller.
  
• The registered owner can defend the registration even if unused.
  

Impact on Renewal

• Non-use does not affect the right to renew the design.
  
• Renewal can be done after 10 years for an additional 5 years.
  
• There is no inquiry into usage at the time of renewal.
  
• Failure to renew leads to expiration of rights.
  
• Lapsed rights can limit future enforcement options.
  

Strategic Considerations

• Owners may retain unused designs to prevent competitor use.
  
• Unused registrations can serve as part of an IP portfolio.
  
• Licensing opportunities may arise later, even without use.
  
• Maintaining registration helps preserve legal options.
  
• Regular audits of unused designs are advisable for cost-efficiency.