Section 1 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.
Section 1 does three small jobs. It gives the Act its name, it says where the Act applies, and it leaves the date of coming into force to the Central Government. It creates no right and no duty on a designer or manufacturer, but it tells you where the Act applies and from when its provisions can be relied on. If you want the Act read against your own product, our legal consultation desk can do that.
Section 1 has three sub-sections. Sub-section (1) is the short title, sub-section (2) says the Act extends to the whole of India, and sub-section (3) says the Act comes into force on a date the Central Government appoints by notification, with different dates allowed for different provisions. The Designs Rules, 2001 notification that came with the Act records 11 May 2001 as the date fixed. Nothing in section 1 changes what you must do to protect a design; that begins with the definitions and the registration sections that follow.
The text of section 1, in order
The Act, as enacted in 2000, opens with Chapter I, headed "Preliminary". Section 1 sits under the marginal heading "Short title, extent and commencement". It reads in three parts.
| Sub-section | What it says | What it does |
|---|---|---|
| 1(1) | "This Act may be called the Design Act, 2000." | Gives the short title |
| 1(2) | "It extends to the whole of India." | Fixes territorial extent |
| 1(3) | The Act comes into force on such date as the Central Government appoints by notification; different dates may be appointed for different provisions | Leaves commencement to a notification |
Sub-section (1): the short title
The printed text of sub-section (1) reads "Design Act, 2000". That is a drafting slip. The Act is the Designs Act, 2000, No. 16 of 2000, assented to on 25 May 2000, as its title page shows. The long title describes it as "An Act to consolidate and amend the law relating to protection of designs". We use "Designs Act, 2000" throughout this series, which is how the Act is commonly cited, and flag the slip here once. The Designs Rules notification, too, refers to "the Design Act, 2000" in the same way; the same slip is carried there.
The words "consolidate and amend" matter for how the Act was meant to work. It gathers the law of designs in one statute and, as the last section of the Act shows, takes the place of an earlier law. Our article on section 48 covers that repeal.
Sub-section (2): the whole of India
"It extends to the whole of India." The text is silent on exceptions, on any territory carved out, and on designs created or used abroad. Two practical points follow from reading only the words printed.
First, a registration under this Act is a registration for India. The Act does not say that a design registered here is protected anywhere else. For a foreign filing you would look at the law of the country concerned and, for priority from an earlier foreign filing, at section 44, which we cover in our article on convention priority.
Second, a design registered under this Act gives its proprietor copyright in the design (as that term is defined in section 2) across India, not in one State or city. A small studio in Pune that registers a lamp design holds the same registration whether it sells in Kerala or in Punjab.
Sub-section (3): commencement by notification
The Act did not begin on the day it was passed. Sub-section (3) says: "It shall come into force on such date as the Central Government may, by notification, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision."
Three things follow.
- The Central Government chooses the date. Parliament delegated the choice to the executive, by notification.
- Different dates for different provisions are allowed. The Act could have been brought in by instalments. The sub-section expressly says so.
- "Commencement of this Act" is read provision by provision. Where a section refers to the commencement of the Act, it is to be read as the coming into force of that section. For example, section 10(3) speaks of the register of designs "existing at the commencement of this Act"; with sub-section (3) of section 1 in mind, the reference is to the date that provision came into force.
When did the Act come into force?
The Act text itself gives no date. The date comes from the notification under section 1(3). The Designs Rules, 2001 source for this series opens with a notification dated 11 May 2001 which says the Central Government "hereby appoints the 11th day of May, 2001 as the date on which the said Act shall come into force". That is a primary source in our file. We have no other notification in the sources, so we do not describe whether any provision was brought in on another date; the sources show nothing of the kind.
If you rely on the Act for a legal position that depends on the exact date of a provision, confirm it from the official Gazette notification before acting.
Why a practitioner cares about section 1
Section 1 looks procedural, but it can matter in three situations.
- Old and new designs. The Act repealed an earlier law (the Designs Act, 1911, as section 48 shows) and keeps matters pending under it alive. The date of commencement is the dividing line between the two regimes. Section 48 covers the repeal and savings.
- Rules. The Act leaves the forms, fees and time limits "as prescribed". The Designs Rules, 2001 were made under section 47 and are covered by rules 1 and 2 of the Rules.
- Citation. In a deed, a legal notice or a reply to an examination report, the Act is cited as the Designs Act, 2000 (16 of 2000). Citing the printed slip "Design Act" invites confusion with other design statutes.
Illustration (invented)
Meera Fabrication Works makes steel folding stools in Rajkot and has sold a distinctive stool for years. In 2026 she asks whether the Act applies in her State and from when. Section 1(2) answers the first part: the Act extends to the whole of India, so Gujarat is covered like any other State. Section 1(3) answers the second part: the Act came into force by notification, so the date to check is the date notified. Section 1 does not itself tell her whether her stool can be registered; for that she must pass through sections 2, 4 and 5, discussed in our article on the definition of design.
What section 1 does not say
- It gives no date by itself; the date lives in the notification.
- It does not say what happens to designs used before the Act began (that is a matter for the savings in section 48).
- It does not list the persons who may apply; that is in section 5.
- It does not mention any amending law. This article is based on the text as enacted, and we say nothing about later changes.
Need help with a design or Act question?
If you are unsure which provision of the Act governs your product, a short call helps. Our team at legal consultation can read the relevant sections with you and tell you what to prepare before you file anything.
Key takeaways
- The printed short title says "Design Act, 2000"; the Act is the Designs Act, 2000 (No. 16 of 2000), and the slip is a misprint.
- The Act extends to the whole of India; a registration is for India only.
- The Central Government appoints the commencement date by notification and may appoint different dates for different provisions.
- The notification in our source records 11 May 2001 as the date for the Act; confirm from the Gazette before any date-sensitive reliance.
- Section 1 creates no right on its own; the rights start in the later chapters.
Read next
- Section 2: definitions of article, design, original, copyright and proprietor
- Section 3: Controller of Designs and other officers
- Introduction to Designs Act 2000: industrial design protection
- Rules 1 and 2 of the Designs Rules, 2001
Disclaimer: Based on the Designs Act, 2000 as enacted, as consulted on 1 October 2026. Forms, fees and procedure are set by the Designs Rules, 2001 as amended from time to time. This article is general information, not legal advice; check the official text before acting.