Governing Authority

• Design rights in India are granted by the Controller General of Patents, Designs and Trade Marks.
  
• The office operates under the Department for Promotion of Industry and Internal Trade.
  
• It is part of the Ministry of Commerce and Industry, Government of India.
  
• The primary responsibility is to administer the Designs Act, 2000.
  
• It also manages patents, trademarks, and geographical indications.
  

Design Office Jurisdiction

• The main Design Office is located in Kolkata.
  
• It has territorial jurisdiction over the entire country.
  
• Branch offices in Delhi, Mumbai, and Chennai support operations.
  
• All applications are routed through the Design Office in Kolkata for examination.
  
• Jurisdiction is not based on the applicant’s location.
  

Examination and Decision Process

• Design examiners assess applications for compliance and novelty.
  
• The Controller decides whether the design meets the statutory criteria.
  
• If the application is in order, the Controller grants registration.
  
• In case of objections, applicants are given a chance to respond.
  
• The Controller’s decisions are final unless appealed.
  

Registration and Record Keeping

• Registered designs are entered in the Register of Designs.
  
• The Controller is responsible for maintaining this register.
  
• The Designs Journal publishes all registered designs periodically.
  
• The registration certificate is issued under the authority of the Controller.
  
• Public inspection of registered designs is allowed after publication.
  

Appeals and Legal Oversight

• Appeals against Controller decisions can be filed before the High Court.
  
• The High Court may review or reverse the Controller’s decision.
  
• The Intellectual Property Appellate Board was previously the appellate forum.
  
• Post-2021, such matters are directly heard by High Courts.
  
• Legal remedies are available under the Designs Act, 2000.