Sections 12 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 registered design can lapse if the fee for extending its copyright from ten years to fifteen is not paid. Sections 12 to 14 give the proprietor one chance to get it back: an application within one year, a decision by the Controller who must be satisfied that the failure was unintentional, and a rule protecting those who used the design in the gap. If you are caught in a lapse, a design renewal specialist can check the one-year date straight away.
If a design has ceased to have effect for failure to pay the fee for extension under section 11(2), the proprietor or his legal representative may apply for restoration within one year from the date on which it ceased to have effect. The application must contain a verified statement of the circumstances. The Controller restores it if satisfied that the failure was unintentional and there was no undue delay, on payment of the unpaid fee and a prescribed additional fee. Restored rights are subject to conditions protecting those who began to use the design meanwhile, and no suit lies for piracy committed during the gap.
Section 12: who may apply, when, and what to say
Sub-section (1): the application
"Where 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, the proprietor of such design or his legal representative and where the design was held by two or more persons jointly, then, with the leave of the Controller one or more of them without jointing the others, may, within one year from the date on which the design ceased to have effect, make an application for the restoration of the design in the prescribed manner on payment of such fee as may be prescribed."
(The text prints "jointing" for "joining".)
| Element | What the text says |
|---|---|
| Trigger | Design has ceased to have effect for failure to pay the extension fee under s.11(2) |
| Who may apply | The proprietor or his legal representative |
| Joint proprietors | One or more may apply without joining the others, with the Controller's leave |
| Time limit | Within one year from the date on which the design ceased to have effect |
| Manner and fee | In the prescribed manner; on payment of the prescribed fee |
The trigger is limited. The section speaks only of a lapse "by reason of failure to pay the fee for the extension of copyright". The text is silent on any other cause of cessation. "Legal representative" is defined in section 2(f). See our article on section 11 for how the extension works.
Sub-section (2): the verified statement
"An application under this section shall contain a statement, verified in the prescribed manner, fully setting out the circumstances which led to the failure to pay the prescribed fee, and the Controller may require from the applicant such further evidence as he may think necessary."
So the applicant must set out the circumstances fully, verify the statement as the Rules prescribe, and be ready to furnish further evidence if the Controller asks. The Designs Rules, 2001 prescribe the manner; see rules 24 and 25 of the Rules and our guide to restoration of a lapsed design registration.
Section 13: how the Controller decides
Sub-section (1): the test
"If, after hearing the applicant in cases where the applicant so desires or the Controller thinks fit, the Controller is satisfied that the failure to pay the fee for extension of the period of copyright was unintentional and that there has been no undue delay in the making of the application, the Controller shall upon payment of any unpaid fee for extension of the period of copyright together with prescribed additional fee restore the registration of design."
The test has two limbs, and both must be met:
- the failure to pay was unintentional; and
- there was no undue delay in making the application.
If satisfied, the Controller "shall" restore on payment of the unpaid extension fee together with a prescribed additional fee. A hearing is given "in cases where the applicant so desires or the Controller thinks fit". The text does not define "unintentional" or "undue delay", and it does not say what happens if the Controller is not satisfied; it is silent on any appeal here. We state no fee.
Sub-section (2): the register may be brought up to date
"The Controller may, if he thinks fit as a condition of restoring the design, require that any entry shall be made in the register of any document or matter which under the provision of this Act, has to be entered in the register but which has not been so entered."
If, for example, an assignment was never entered, the Controller may require that it be entered as a condition of restoration. Section 30 deals with entry of assignments.
Section 14: protection for those who used the design in the gap
Sub-section (1): conditions on the restored rights
"Where the registration of a design is restored, the rights of the registered proprietor shall be subject to such provisions as may be prescribed and to such other provisions as the Controller thinks fit to impose for the protection or compensation of persons who may have begun to avail themselves of, or have taken definite steps by contract or otherwise to avail themselves of, the benefit of applying the design between the date when the registration of the design ceased to have effect and the date of restoration of the registration of the design."
Two groups of people are in view: those who "have begun to avail themselves of" the design, and those who "have taken definite steps by contract or otherwise" to do so, between the lapse and the restoration. The Controller may impose provisions "for the protection or compensation" of those persons, in addition to what is prescribed.
Sub-section (2): no suit for the gap
"No suit or other proceeding shall be commenced in respect of piracy of a registered design or infringement of the copyright in such design committed between the date on which the registration of the design ceased to have effect and the date of the restoration of the design."
This is flat. For acts committed in the gap, no suit or proceeding lies for piracy or infringement. The section does not say what happens to a suit that was already pending, and the text is silent on it. For piracy and its remedies in other periods, see our article on section 22.
Timeline at a glance
| Stage | Source |
|---|---|
| Extension fee not paid; design ceases to have effect | s.12(1) |
| Application for restoration within one year of cessation | s.12(1) |
| Verified statement of circumstances | s.12(2) |
| Controller satisfied: unintentional failure, no undue delay | s.13(1) |
| Unpaid fee plus additional fee paid; registration restored | s.13(1) |
| Conditions to protect those who used the design in the gap | s.14(1) |
| No suit for acts in the gap | s.14(2) |
Illustration (invented)
Lumen Appliances Ltd. registered a design for a ribbed table fan guard. Its ten years end on 30 June, and the accounts manager leaves the company in May without handing over the renewal diary. The extension fee is not paid, and the design ceases to have effect. In October, a new manager discovers the lapse. Lumen applies within one year, with a verified statement explaining the departure and the missed diary. The Controller hears Lumen, is satisfied that the failure was unintentional and the application was prompt, and restores the design on payment of the unpaid fee and the prescribed additional fee.
Between July and the restoration, a competitor, Arc Fans, had begun making similar guards. Under section 14(1), the Controller may impose conditions for Arc's protection or compensation. Under section 14(2), Lumen cannot sue Arc for piracy of what was done in the gap.
Need help restoring a lapsed design?
The one-year window in section 12 is short. Our design renewal team can prepare the verified statement, the evidence and the fee payment, and appear at the hearing if one is called.
Key takeaways
- Section 12 allows restoration only where the design ceased to have effect for failure to pay the extension fee under section 11(2).
- The application must be made within one year from the date of cessation, with a verified statement of the circumstances.
- The Controller restores if satisfied the failure was unintentional and there was no undue delay, on payment of the unpaid fee and a prescribed additional fee.
- The Controller may require missing register entries to be made as a condition.
- Rights after restoration are subject to protection for those who began to use the design in the gap, and no suit lies for acts committed in the gap.
Read next
- Section 11: copyright on registration and extension
- Restoration of lapsed design registration
- Term of design registration: 10 years extendable to 15
- Section 15: requirements before delivery on sale
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.