Rule 43 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 43 lets the Controller award costs in proceedings before him, "such costs as he considers reasonable", but caps the amount for matters listed in the Fourth Schedule. The Fourth Schedule was substituted in 2021 and now has two columns of amounts, like the First Schedule. If you are fighting or defending a cancellation petition or a rectification opposition, costs are a real part of the risk, and our legal dispute resolution team can plan for them.
In all proceedings before the Controller he may award such costs as he considers reasonable, having regard to all the circumstances, save as the Act or Rules expressly provide otherwise. For matters in the Fourth Schedule, the amount awarded shall not exceed the amount specified there. Since 2021 the Schedule has two columns: one for natural persons, startups and small entities, and one for others.
Source note
Rule 43 is read as notified in 2001. The Fourth Schedule is read as substituted by the Designs (Amendment) Rules, 2021 (G.S.R. 45(E)). The 2014 amendment (G.S.R. 925(E)) is not in the sources consulted, and later amendments should be checked. For the Controller's powers and hearings generally, see sections 32 to 34 of the Designs Act, 2000. The rule does not say who pays whom, so the Act and the circumstances of each case decide.
What rule 43 says
"In all proceedings before the Controller, the Controller may, save as otherwise expressly provided by the Act or these rules, award such costs as he considers reasonable, having regard to all circumstances of the case provided that the amount of costs awarded in respect of any matters set forth in the Fourth Schedule to these rules shall not exceed the amount therein specified."
Reading it in parts:
- Where: "all proceedings before the Controller".
- Power: he "may" award costs; it is discretionary.
- Standard: costs "he considers reasonable, having regard to all circumstances of the case".
- Exception: "save as otherwise expressly provided by the Act or these rules".
- Ceiling: for matters in the Fourth Schedule, the award cannot exceed the amount specified.
The rule does not say that costs must follow the result of the case, does not say who may claim them, and does not give a time for asking. It also does not provide a ceiling for matters that are not in the Fourth Schedule; for those, the standard is only "reasonable".
The Fourth Schedule, as substituted in 2021
The Schedule is headed "Scale of costs allowable in proceedings before the Controller" (see rule 43). The amounts below are as per the Schedule as substituted in 2021; the first column is for natural person(s) and/or startup(s) and/or small entit(y)/(ies), and the second for others, alone or with natural persons, startups or small entities.
| No. | Matter in respect of which cost is to be awarded | First column (Rs) | Second column (Rs) |
|---|---|---|---|
| 1 | Notice of opposition under rule 40 | 100 | 400 |
| 2 | Petition for cancellation of the registration of a design under section 19 | 1000 | 4000 |
| 3 | Notice of information to attend hearing | 200 | 800 |
| 4 | Stamps for power of attorney, where a professional has been appointed | the amount actually paid | the amount actually paid |
| 5 | Stamps fee in respect of relevant affidavit | the amount actually paid | the amount actually paid |
| 6 | Statement and evidence under sub-rule (1) of rule 29 and sub-rule (2) of rule 40 | 200 | 800 |
| 7 | Counter statement under sub-rule (3) of rule 29 and sub-rule 4 of rule 40 | 200 | 800 |
| 8 | Each affidavit, if relevant | 100 | 400 |
| 9 | Each citation, if relevant | 100 | 400 |
| 10 | Each unnecessary or irrelevant affidavit or citation | 100 | 400 |
| 11 | Every day or part of a day of hearing before the Controller | 500 | 2000 |
Check the current Schedule before relying on these amounts. The 2001 Schedule had a single column of amounts. The 2021 text adds a second column at four times the first for the money items; entries 4 and 5 stay at the amount actually paid.
Reading the entries
- Entries 1 to 3, 6 and 7 follow the steps of the cancellation and opposition procedures in rules 29 and 40: petition or notice, statement and evidence, counter-statement and hearing notice. See our articles on rule 29 and on rules 38-40.
- Entry 8 to 10 allow costs for each affidavit or citation "if relevant", and also for each unnecessary or irrelevant affidavit or citation; so padding the file can attract a costs entry. The text does not say which party benefits from entry 10.
- Entry 11 is per day or part of a day of hearing before the Controller.
- Entries 4 and 5 are the actual cost of stamps on a power of attorney, where a professional has been appointed, and on the relevant affidavit (rule 42(8) requires affidavits to be duly stamped).
Drafting points: entries 6 and 7 refer to "sub-rule (2) of rule 40" and "sub-rule 4 of rule 40" for a statement and a counter-statement. As printed, rule 40(2) is the opponent's written statement and rule 40(4) is the sub-rule applying the rule 29 procedure; the text does not explain how rule 40(4) relates to a counter-statement. Entry 3 speaks of "notice of information to attend hearing", which is read as the notice of intention to attend a hearing (Form 20).
How the cap works
The cap applies only to "matters set forth" in the Fourth Schedule. If the Controller awards costs for a day of hearing, the amount cannot exceed Rs 500 or Rs 2000 as per the 2021 Schedule, depending on the column. The rule does not say which column applies to which party; confirm with the office or take advice.
Illustration (invented)
In a cancellation petition against Lumen Fixtures Pvt. Ltd., the Controller holds a hearing on two days and finds that one of the petitioner's affidavits was irrelevant. He may award a reasonable sum, but for hearing days the amount cannot go above the per-day figure (entry 11), and for the irrelevant affidavit above entry 10.
What the rule does not say
- It does not say who is to pay costs to whom.
- It does not say how a party applies for costs or by when.
- It does not state a period for paying costs.
Need help with proceedings before the Controller?
Costs are only part of the picture; the larger cost is time and the risk of an adverse order. Our legal dispute resolution team can advise on whether to contest, settle or defend in design proceedings.
Key takeaways
- The Controller may award reasonable costs in all proceedings before him, unless the Act or Rules provide otherwise.
- For matters in the Fourth Schedule the award cannot exceed the amount specified.
- The 2021 Schedule has two columns; the second is four times the first for money items.
- Entries cover opposition, cancellation, statements, affidavits, citations and each day of hearing.
- Stamps are allowed at the amount actually paid.
- The 2014 amendment is not in the sources consulted; check later amendments.
Read next
- Rules 41-42: certified copies and form of affidavits
- Rules 44-45: opportunity of hearing and statement required by Controller
- Piracy of registered design: infringement and penalties
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.