Designs Rules, 2001
1. If on consideration
of the report of the examiner on the application referred under sub-section (1)
of section 5, any objection appear to the Controller is adverse to the
applicant or requires any amendment of the application, a statement of such
objections shall be sent to the applicant or his agent in writing, and unless
within three months from the date of official communication of objection the
applicant or his agent removes the objection or applies for hearing, the
applicant shall be deemed to have withdrawn his application:
that the period for removal of the objection shall not exceed the time period
of six months from the date of filing of the application.
If the applicant or
his agent applies for a hearing under sub-rule (1) within a period of three
month from the date of communication of the statement of objections or if the
Controller considers it desirable to do so, whether or not the applicant has
refiled his application, fix a date for hearing having regard to the time
remaining for completion of the application as provided under rule 21.
3. When a hearing has
been fixed under sub-rule (2) the applicant shall be given at least 10 days
notice of such fixation or such shorter notice as appear to the Controller to
be reasonable in the circumstances of the case and applicant shall as soon as
possible notify the Controller whether he shall attend the hearing.
4. Hearing, as required
under sub-rules (1), (2) and (3) may be allowed whenever possible on phone
followed by detailed submission on tele-fax/e-mail.
5. After hearing the
applicant or without a hearing if the applicant has not attended or has
notified that he does not desire to be heard, the Controller may register or
refuse to register the design as he thinks fit.