Rules 41-42 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.
Rule 41 says the Controller furnishes certified copies of entries in the Register of Designs and of other public documents in the Office on payment of the prescribed fee. Rule 42 sets out, in eight sub-rules, how an affidavit used in any proceeding under the Act or the Rules must be drawn up, sworn, authenticated and stamped. Cancellation and rectification cases are decided largely on affidavit evidence, so a defect here can cost time. Our legal consultation team can review affidavits before they are filed.
Certified copies of entries in the Register and of disclaimers, affidavits, declarations and other public documents are furnished by the Controller on payment of the prescribed fee. An affidavit must be headed in the matter, written in the first person, in consecutively numbered paragraphs, confined to facts the deponent can prove of his own knowledge (belief is allowed only on interlocutory applications, with grounds), sworn before an authorised person, and duly stamped.
Source note
Rules 41 and 42 are read as notified in 2001; the Designs (Amendment) Rules, 2021 (G.S.R. 45(E)) did not change them, but substituted the First Schedule with the fees for certificates and certified copies. The 2014 amendment (G.S.R. 925(E)) is not in the sources consulted, and later amendments should be checked. Rule 41 works with sections 26 and 17(2) of the Act, as the Schedule cites them (see sections 25 to 29 of the Designs Act, 2000). The text of rule 42 refers to the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 and the Notaries Act, 1952 by name; those references are quoted as printed.
Rule 41: certified copies of documents
"Certified copies of an entry in the Register of Design or certified copies of, or extracts from disclaimers, affidavits, declarations and other public documents in the Office, or from Register and other records, shall be furnished by the Controller on payment of the prescribed fee."
| What can be certified | Source in rule 41 |
|---|---|
| an entry in the Register of Design | "certified copies of an entry in the Register" |
| disclaimers, affidavits, declarations and other public documents in the Office | "certified copies of, or extracts from" |
| the Register and other records | "extracts from ... Register and other records" |
The fee is "the prescribed fee". The Schedule as substituted in 2021 has two relevant entries:
- Entry 16, Form 15, "On request for certification under section 26 and rule 41": Rs 500 (first column: natural persons, startups, small entities) or Rs 2000 (second column: others).
- Entry 17, Form 16, "On application for certified copy of registered design under section 17(2)": Rs 500 or Rs 2000.
These are as per the Schedule as substituted in 2021. Check the current Schedule before paying. Form 15 is "Request for certificate" under section 26 and rule 41; Form 16 is the application for a certified copy of a registered design under section 17(2). The text of rule 41 does not say whether a certified copy is admissible in evidence; that is for the Act's provisions.
Rule 42: form, etc., of affidavits
Rule 42(1): heading, person, paragraphs
Affidavits required by the Act and Rules, or used in any proceedings under them, "shall be headed in the matter or matters to which they relate, shall be drawn up in the first person, and shall be divided into paragraphs consecutively numbered; and each paragraph shall, as far as possible, be confined to one subject." Every affidavit "shall state the description and true place of abode of the person making the same, shall bear the name and address of the person leaving it and shall state on whose behalf it is left."
Rule 42(2): knowledge and belief
"Affidavits shall be confined to such facts as the deponent is able of his own knowledge to prove, except on interlocutory applications, on which statements of his belief may be admitted, provided that the grounds thereof are stated."
Rule 42(3): where and before whom sworn
- (a) In India: "before any court or person having by law authority to receive evidence, or before any officer empowered by such court or person as aforesaid to administer oaths or to take affidavits".
- (b) Outside India: "before a diplomatic or consular office, within the meaning of the Diplomatic and Consular Officers (Oaths and Fees) Act, 1948 (41 of 1948) in such country of place or before a notary of the country or place, recognized by the Central Government under section 14 of the Notaries Act, 1952 (53 of 1952), or before a judge or magistrate of the country of place." (Slips: "office" for "officer", "country of place" for "country or place".)
Rule 42(4) and (5): the attesting person's details
The person before whom the affidavit is sworn "shall state the date on which and the place where the same is sworn to and shall affix thereto his seal, if any, or the seal of the court", sign, and state his designation and address at the end. Under (5), an affidavit bearing the seal or signature of an authorised person "may be admitted by the Controller without proof the genuineness of the seal or signature, or of the official position of that person."
Rule 42(6) and (7): alterations; illiterate or blind deponents
- (6) "Alterations and interlineations shall, before an affidavit is sworn to or affirmed be authenticated by the initials of the person before whom the affidavit is sworn to."
- (7) Where the deponent is illiterate, blind or unacquainted with the language of the affidavit, a certificate by the person before whom it is sworn must be attached at the end: that the affidavit was read, translated or explained in his presence to the deponent, who seemed perfectly to understand it and signed it or affixed his mark in his presence.
Rule 42(8): stamping
"Every affidavit filed before the Controller in connection with any proceeding under the Act or these rules shall be duly stamped under the provision of any law for that time being in force." The Fourth Schedule lists "Stamps fee in respect of relevant affidavit" among costs, at the amount actually paid; see our article on rule 43.
Illustrations (invented)
Foreign deponent. Lena Fischer, a designer in Germany, swears an affidavit in a cancellation case before a notary of that place who is recognised by the Central Government under section 14 of the Notaries Act, 1952, or before a diplomatic or consular officer. The notary states the date and place, affixes the seal and signs with designation and address.
What the rules do not say
- They do not give a model form of affidavit.
- They do not state the amount of stamp duty; that depends on the law in force.
- They do not describe electronic or digital affidavits.
- Rule 41 does not set a time for furnishing certified copies.
Need help with affidavits and certified copies?
An affidavit that does not meet rule 42 can be queried and delay your case. Our legal consultation team can draft the affidavit, arrange attestation in India or abroad and obtain certified copies from the Register.
Key takeaways
- The Controller furnishes certified copies of Register entries and of public documents in the Office on payment of the prescribed fee.
- Affidavits: first person, numbered paragraphs, headed in the matter, facts within knowledge.
- Belief is admissible only on interlocutory applications, with grounds stated.
- Different officers can administer the oath in India and abroad; the attesting person adds date, place, seal and details.
- Every affidavit filed before the Controller must be duly stamped.
- The 2014 amendment is not in the sources consulted; check later amendments.
Read next
- Rules 38-40: inspection of register, rectification and opposition
- Rule 43: scale of costs before the Controller
- Design cancellation petition: draft template
Disclaimer: Based on the Designs Rules, 2001 as notified and the Designs (Amendment) Rules, 2021, as consulted on 1 October 2026. Other amendments may apply; fees and forms change from time to time. This article is general information, not legal advice; check the official text before acting.