Reciprocity explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
A design applicant who has already filed in the United Kingdom or another convention country makes the Indian reciprocity application in Form 1, the same form used for an ordinary design application, under section 44 of the Designs Act, 2000 and rule 15 of the Designs Rules, 2001. This page was earlier titled "Form 2: Convention Application for Design", but in the Second Schedule Form 2 is the claim to proceed as an applicant or joint applicant under section 8(1), a different matter. If you want to claim an earlier foreign filing date, our industrial design registration team can prepare the Indian application and the priority papers.
Form 1 is listed in the Second Schedule for sections 5 and 44, so it covers both the ordinary application and the reciprocity application. Rule 15(1) says the reciprocity application must be made within six months from the date of the first application in the United Kingdom, a convention country, a group of countries or an inter-governmental organisation, and must state the country and the official date or dates. A certified copy of the first filing goes in with it, or within a further time not exceeding three months if the Controller allows (rule 15(2)). The Form 1 fee is Rs. 1,000 for a natural person, startup or small entity and Rs. 4,000 for others, as per the Schedule as substituted in 2021; check the current Schedule.
What Form 2 is actually for
Section 8(1) allows the Controller, on a claim made in the prescribed manner before a design is registered, to direct that the application proceed in the name of a claimant who is entitled by an assignment, an agreement in writing or operation of law, or to an undivided share. Rule 16(1) says that claim is made in Form 2, and rule 16(2) adds that the original assignment, agreement or other document, or an official or notarially certified copy, must be furnished for the Controller's inspection, along with any other proof of title or written consent he may require. So Form 2 is about who the applicant is; it has nothing to do with claiming a foreign filing date. Read rules 16 and 17: claim to proceed as applicant and sections 7 and 8 for that purpose.
The convention route in the Act and Rules
| Point | What is printed |
|---|---|
| Who may claim | A person who has applied for protection for a design in the United Kingdom or another convention country, group of countries or inter-governmental organisation, or his legal representative or assignee, alone or jointly (section 44(1)) |
| Effect | The Indian registration is in priority and has the same date as the foreign application (section 44(1)) |
| Time | The application must be made within six months from the application abroad (section 44(1)(a); rule 15(1)) |
| Damages | No damages for piracy happening before the actual date of registration in India (section 44(1)(b)) |
| Exhibition or publication in India | Does not invalidate the registration if within the six months (section 44(2)) |
| Manner | Made as an ordinary application (section 44(3)) |
| Form | Form 1 (sections 5 and 44) |
The article on section 44: convention priority and reciprocal arrangements explains the section, and rule 15: reciprocity application for registration of a design explains the rule. Our guide on convention applications and Paris Convention priority gives the wider picture.
What the reciprocity application must contain
Under rule 15(1), every reciprocity application must contain a statement that an application has been made abroad for protection of the same design, specify the country, group or organisation, and give the official date or dates. The application must be made by the person who filed abroad, or his legal representative or assignee, alone or jointly with another. The Form 1 substituted in 2021 includes a section for the details of the first application in a convention country or group of countries or inter-governmental organisation: name of the country or organisation, date of filing, application number and name of the applicant. It also asks for the applicant's category and an address for service in India with e-mail and mobile number.
Documents and time extensions
| Item | Rule | Detail |
|---|---|---|
| Representations | 11, 14, 15(2) | Four copies of the representation, in addition to the certified copy of the earlier design |
| Certified copy of the first filing | 15(2) | Certified by the official head of the organisation where it was filed, or verified to the Controller's satisfaction, filed with the application or within such further time not exceeding three months as the Controller may allow |
| Extension of time for the priority document | Form 18; entry 19 | Rs. 200 per month for natural persons, startups and small entities and Rs. 800 per month for others, as per the 2021 Schedule |
The extension in rule 15(2) is limited to three months. For the formal parts of the application see Form 1: design registration.
Registration date and term
Rule 30(3) says that where a reciprocity date has been allowed, the registration, the extension or the expiration of the copyright is reckoned from that date, so count the later Form 3 extension from it. See rules 30 and 31.
Common mistakes
- Filing a "Form 2" for a convention application. A reciprocity application is made in Form 1.
- Missing the six-month window. The rule and the section both print six months.
- Claiming priority for a design that differs from the one filed abroad.
- Leaving out an address for service in India, which Form 1 and rule 4 require.
Need help with a convention application?
The six months run from the foreign filing, so documents have to be ready quickly. Our industrial design registration service prepares the Form 1 reciprocity application, the certified copy and the representations.
Key takeaways
- A reciprocity or convention application for a design is made in Form 1 (sections 5 and 44).
- It must be made within six months from the first application abroad.
- Form 2 is the section 8(1) claim to proceed as an applicant.
- Fees are as per the 2021 Schedule; check the current Schedule.
Read next
- Rule 15: reciprocity application for registration of a design
- Section 44: convention priority and reciprocal arrangements
- Rules 16 and 17: claim to proceed as applicant
- Convention application for design: Paris Convention priority
Disclaimer: Based on the Designs Rules, 2001 as notified in 2001 and amended in 2021 (G.S.R. 45(E)), and the Designs Act, 2000, as consulted on 1 October 2026. Later amendments, forms and fees should be checked in their current form. This article is general information, not legal advice.