Section 15 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.
Before a registered proprietor delivers articles for sale, section 15 asks for two things. If exact representations or specimens of the design were not furnished with the application, the proprietor must furnish them to the Controller. And each article must be marked with the prescribed mark or words or figures showing the design is registered. The consequences differ: failing the first can lead to the proprietor's name being erased from the register, and failing the second can cost the proprietor penalty or damages in an infringement action. If you are preparing to launch, our industrial design registration team can put this on your pre-sale checklist.
Before delivery on sale of articles with a registered design, the proprietor must (a) if exact representations or specimens were not furnished with the application, furnish the prescribed number of them to the Controller; failing which the Controller may, after notice, erase his name from the register and the copyright ceases; and (b) mark each article with the prescribed mark, words or figures; failing which he cannot recover penalty or damages for infringement unless he shows he took all proper steps to ensure marking or that the infringer knew or had notice of the copyright. The Central Government may by rule dispense with or modify the marking requirement for a class of articles.
Sub-section (1)(a): exact representations or specimens
"Before delivery on sale of any articles to which a registered design has been applied, the proprietor shall- (a) (if exact representations or specimens were not finished on the application for registration) furnish to the Controller the prescribed number of exact representations or specimens of the design; and, if he fails to do so, the Controller may, after giving notice thereof to the proprietor, erase his name from the register and thereupon the copyright in the design shall cease."
(The text prints "finished" where "furnished" is evidently meant.)
Read it slowly.
- Trigger: delivery on sale of articles to which the registered design has been applied. The duty arises before delivery, not before registration.
- Condition: only if exact representations or specimens were not furnished with the application. If they were, the duty does not arise.
- Duty: furnish "the prescribed number" to the Controller. The number is in the Rules.
- Consequence: the Controller "may" after notice erase the proprietor's name from the register, and "thereupon the copyright in the design shall cease".
Two points matter. The loss is severe, the end of the copyright, but it is not automatic: the Controller must give notice and he "may" erase. The text does not give a time limit for compliance after notice and does not say whether the erasure can be undone.
Sub-section (1)(b): marking each article
"(b) causes each such article to be marked with the prescribed mark, or with the prescribed words or figures denoting that the design is registered; and, if he fails to do so, the proprietor shall not be entitled to recover any penalty or damages in respect of any infringement of his copyright in the design unless he shows that he took all proper steps to ensure the marking of the article, or unless he shows that the infringement took place after the person guilty thereof knew or had received notice of the existence of the copyright in the design."
| Element | What the text says |
|---|---|
| Who marks | The proprietor "causes" each article to be marked |
| What mark | "The prescribed mark, or ... the prescribed words or figures denoting that the design is registered" |
| Consequence of failure | No entitlement to recover "any penalty or damages" for infringement |
| Escape 1 | The proprietor shows he "took all proper steps to ensure the marking" |
| Escape 2 | The proprietor shows the infringement took place after the infringer "knew or had received notice" of the copyright |
Observe how the consequence is framed. Unlike clause (a), failure to mark does not end the copyright. It limits the remedy: no penalty or damages, unless one of the two escapes is shown. The text is silent on whether an injunction is affected; it speaks only of "penalty or damages". Our article on section 22 covers the sum recoverable and the suit for damages.
The prescribed mark, words and figures are in the Designs Rules, 2001. Our sibling article on rule 26 covers them; we do not quote the wording here.
Sub-section (2): dispensing with marking
"Where a representation is made to the Central Government by or on behalf of any trade or industry that in the interest of the trade or industry it is expedient to dispense with or modify as regards any class or description of articles any of the requirements of this section as to marking, the Central Government may, if it thinks fit, by rule under this Act, dispense with or modify such requirements as regards any such class or description of articles to such extent and subject to such conditions as it thinks fit."
Four points.
- A representation is made to the Central Government by or on behalf of a trade or industry, not by one proprietor.
- The ground is that it is "expedient" in the interest of the trade or industry.
- The power covers "any of the requirements of this section as to marking", that is, clause (b), not the furnishing of representations in clause (a).
- The Central Government may act only "by rule" and "if it thinks fit", to such extent and subject to such conditions as it thinks fit.
Keep batch records showing marking was done, so that you can show you "took all proper steps", and note that the second escape in clause (b) turns on notice to the infringer.
Illustration (invented)
Meadow Home Pvt. Ltd. registers a design for a ribbed ceramic soap dish, filing the application with drawings only. Before the first shipment, Meadow furnishes the prescribed number of specimens to the Controller, which satisfies clause (a). But the production line forgets to mould the prescribed words on the dishes. Six months later, a copier starts selling look-alike dishes. Meadow sues for damages. Under clause (b), Meadow cannot recover penalty or damages unless it shows it took all proper steps to ensure marking, or that the copier acted after knowing of or receiving notice of the copyright. Meadow had sent a letter to the copier before the copying began, so it can rely on the second escape for the period after the letter.
Need help preparing a design for market?
Section 15 can cost you your remedies if the paperwork is missed. Our industrial design registration experts can set up the specimen filing and a marking checklist before your first dispatch.
Key takeaways
- Section 15 applies before delivery on sale of articles to which a registered design has been applied.
- If exact representations or specimens were not furnished with the application, furnish the prescribed number to the Controller; failure can lead to erasure of the name from the register and the copyright ceasing.
- Each article must be marked with the prescribed mark or words; failure bars recovery of penalty or damages unless the proprietor shows he took all proper steps or the infringer had notice.
- The Central Government may, by rule, dispense with or modify the marking requirement for a class or description of articles on a trade or industry representation.
Read next
- Section 16: effect of confidential disclosure on copyright
- Section 22: piracy of registered design
- Piracy of registered design: infringement and penalties
- Rule 26: marking of articles 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.