Section 11 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 11 sets the life of a registered design. The registered proprietor has "copyright in the design during ten years from the date of registration", and if an application is made before those ten years end, the Controller extends the period by a second period of five years. The total is therefore up to fifteen years. After that, the Act gives no further extension. Diarising the date is the heart of any design renewal routine.
On registration the registered proprietor has copyright in the design for ten years from the date of registration, subject to the Act. If an application for extension is made to the Controller before the ten years expire, in the prescribed manner, the Controller shall, on payment of the prescribed fee, extend the period for a second period of five years from the end of the original ten. If the extension fee is not paid, the design ceases to have effect, and sections 12 to 14 allow restoration within a year.
Sub-section (1): ten years from registration
"When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during ten years from the date of registration."
Four points.
- Who: "the registered proprietor", the person whose name is on the register of designs; see sections 9 and 10.
- What: "copyright in the design". Under section 2(c), copyright means "the exclusive right to apply a design to any article in any class in which the design is registered". It is not the copyright of the Copyright Act, 1957; it is a narrower right tied to the registered class.
- How long: "ten years from the date of registration".
- From when: the date of registration. Section 5(6) says a design when registered is registered as of the date of the application, so the ten years are counted from the application date. The text of section 11 does not itself say "date of application", but it points to the date of registration, which section 5(6) fixes. Our article on section 5 covers that sub-section.
The words "subject to the provisions of this Act" matter. The right can be cut short or limited by other sections: for example, section 15 (marking and specimens), section 19 (cancellation) and section 12 (lapse for non-payment of the extension fee).
Sub-section (2): the extension of five years
"If, before the expiration of the said ten years, application for the extension of the period of copyright is made to the Controller in the prescribed manner, the Controller shall, on payment of the prescribed fee, extend the period of copy-right for a second period of five years from the expiration of the original period of ten years."
(The text prints "copy-right" with a hyphen; it is the same word.)
| Element | What the text says |
|---|---|
| When to apply | Before the expiration of the ten years |
| Who applies | The text does not name the applicant; read with the register, it is the registered proprietor |
| How | To the Controller, in the prescribed manner |
| Fee | The prescribed fee; payable for the Controller to extend |
| Length | A second period of five years from the end of the original ten |
| Controller's duty | "shall" extend, on payment |
Note three features.
- The word "shall". If the application is made in time and the prescribed fee is paid, the Controller must extend; the text gives him no discretion to refuse.
- One extension only. The text speaks of "a second period of five years" and nothing else. It gives no third period. The total life is ten plus five, fifteen years, at most.
- The timing. The application must be made "before the expiration of the said ten years". The Designs Rules, 2001 prescribe the manner and fee; see our how-to on filing Form 22 for extension and rules 22 and 23 of the Rules. We state no fee.
What happens if the extension fee is not paid
Section 12(1) speaks of "a design has ceased to have effect by reason of failure to pay the fee for the extension of copyright under sub-section (2) of section 11". So the Act's own scheme is that the design ceases to have effect if the fee is not paid, and then restoration is possible "within one year from the date on which the design ceased to have effect". See our article on sections 12 to 14. The text of section 11 does not itself say "ceases to have effect"; that language comes from section 12.
After fifteen years
The Act does not grant any renewal beyond the second period. After the extended term ends, the text gives the proprietor no further copyright in the design. What other law may apply to the product afterwards is outside this Act.
Timeline example
| Date | Event |
|---|---|
| 1 June, Year 0 | Application filed; registration as of this date (s.5(6)) |
| 31 May, Year 10 | Ten years from date of registration end; extension application must be made before then |
| Year 10 to Year 15 | Second period of five years if extended |
(Illustrative. Count the exact day from the date of registration shown on your certificate; the Act gives no day-count convention.)
Illustration (invented)
Banyan Furniture Pvt. Ltd. registers a folding cane chair and holds the certificate. Eight years after registration, its compliance manager sets a reminder for the extension. Banyan applies to the Controller in the prescribed manner in year nine, pays the prescribed fee, and the Controller extends the copyright for five years from the end of the tenth year. If Banyan had waited until the eleventh year, section 11(2) would not have been available because the ten years had already expired; the route would then be restoration under section 12, within one year of the design ceasing to have effect.
For the tax treatment of renewal cost, see our income-tax guides. Keep proof of fee payment, because under section 24(2) a proceeding for which a fee is payable has no effect unless the fee is paid.
Need help with extension of design copyright?
Missing the ten-year date can end the registration. Our design renewal team prepares and files the extension application in time and can also advise on restoration if the date has passed.
Key takeaways
- A registered proprietor has copyright in the design for ten years from the date of registration.
- An application made before the ten years expire, with the prescribed fee, entitles the proprietor to an extension of five years; the Controller "shall" extend.
- Maximum life under the Act is therefore fifteen years; the text gives no further renewal.
- Failure to pay the extension fee leads to cessation under section 12, with a one-year restoration window.
- Registration takes the date of the application under section 5(6).
Read next
- Sections 12–14: restoration of lapsed designs
- Term of design registration: 10 years extendable to 15
- Rights conferred by design registration: copyright in design
- Section 22: piracy of registered design
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.