Restoration of Lapsed Designs Registration

If you own a registered design, it's important to remember that the copyright in your design can be extended by a period of five years from the expiration of the original period of ten years. However, if you fail to renew your registration, your design may cease to have effect, and you may lose the ability to sue for piracy or infringement that occurs during the lapse period.

Fortunately, there is a way to restore your lapsed registration. Here's a guide to the restoration process:

Application for Restoration of Lapsed Design

If your copyright in a registered design has ceased to have effect due to non-payment of fees for extension of copyright, you may file an application for restoration within 12 months from the date on which the design ceased to have effect. The application must include a statement fully setting out the circumstances that led to failure to pay the fee, as well as evidence to support the claim that the failure to pay was unintentional and there has been no undue delay in applying for restoration.

Decision of the Controller

Once you file your application, the Controller will review it and decide whether to allow or refuse the restoration. If the Controller is satisfied that the failure to pay the fee for extension was unintentional and there has been no undue delay in making the application, the Controller shall restore the registration of the design. If the Controller believes there is a prima facie case for not allowing the application, the proprietor of the design will be notified, and a hearing may be requested within one month. If the hearing determines that the failure to pay the fee was unintentional and there has been no undue delay in making the application for restoration, the application for restoration shall be allowed.

Publication in Official Gazette

Once the restoration is allowed, it shall be published in the Official Journal, and the registered proprietor shall pay the unpaid fees for the extension of copyright along with the additional fee prescribed in the First Schedule within one month from the date of the Controller's order.

In conclusion, if your registered design has lapsed, it's important to act quickly and file an application for restoration within 12 months. With the right evidence and a strong case, you may be able to restore your registration and protect your design for years to come.