Monday, 5 January 2015

Design (Amendment) Rules, 2014 - An overview





Government of India keeping the requirement of Small Scale Industry in country have notified the amendment in the Designs Rules and provided certain provisions for Small Scale Industries. Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) on 31st December, 2014 notified the Design (Amendments) Rules, 2014 w.e.f. 30.12.2014. The amendment includes certain major changes as:

a.       Fee structure for filing of design application as well as other proceedings under the Designs Act in the First as well as Fourth Schedule of the amended rules have been revised.

b.      Applicants for designs have been categorised separately as “natural person” and “other than natural person(s)”. The second category of applicants i.e. “other than natural person(s)” has been further divided into two sub-categories viz. “small entity” and “others except small entity”. The fees for “small entity” have been fixed in between the fees for a natural person and for all persons other than natural persons (except a small entity).The criteria for “small entity have been elaborated in the amended rules.

c.       Revised Form 1 to 23 have been introduced in the Second Schedule.

d.      Government introduced Form-24 in the rules, which is to be accompanied every new application. For subsequent documents for which a fee has been specified and for which the fee applicable for a small entity is claimed, it should be ensured that Form-24 is filed at least once against the application number. In case of any change of status the applicant(s) such that the benefit derived by the applicant due to its claimed status does not remain valid or applicable, it will be the responsibility of the applicant(s) to inform the Official about the said change.

e.       In case an application processed by a natural person is fully or partly transferred to a person other than a natural person, the difference, if any, in the scale of fees between the fees charged from a natural person and the fees chargeable from the person other than natural person in the same matter shall be paid by the new applicant with the request for transfer.


f.        In case an application processed by a small entity is fully or partly transferred to a person other than a natural person (except a small entity), the difference, if any, in the scale of fees between the fees charged from the small entity and the fees chargeable from the person other than natural person (except a small entity) in the same matter shall be paid by the new applicant with the request made for such transfer.

For copy of notification please go through: Design (Amendment) Rules, 2014.

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