Section 16 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 design must be new, and showing it to the public before filing can destroy that newness. Section 16 carves out three situations that are not to be treated as a publication: a disclosure in circumstances where it would be contrary to good faith for the other person to use or publish the design, a disclosure in breach of good faith by someone other than the proprietor, and the acceptance of a first and confidential order for articles bearing a new or original textile design intended for registration. If your design has been shown to a supplier or a buyer, a legal consultation can help you test the facts against this section.
Three things "shall not be deemed to be a publication of the design sufficient to invalidate the copyright thereof": (1) a disclosure by the proprietor to another person in circumstances that make it contrary to good faith for that person to use or publish the design; (2) a disclosure in breach of good faith by any person other than the proprietor; and (3) the acceptance of a first and confidential order for articles bearing a new or original textile design intended for registration. The protection applies if registration is obtained subsequently to the disclosure or acceptance.
The text
"The disclosure of a design by the proprietor to any other person, in such circumstances as would make it contrary to good faith for that other person to use or publish the design, and the disclosure of a design in breach of good faith by any person, other than the proprietor of the design, and the acceptance of a first and confidential order for articles bearing a new or original textile design intended for registration, shall not be deemed to be a publication of the design sufficient to invalidate the copyright thereof if registration thereof is obtained subsequently to the disclosure or acceptance."
The section is one long sentence. Pulling it apart gives three limbs and one condition.
| Limb | Who discloses | What makes it protected |
|---|---|---|
| 1 | The proprietor, to any other person | Circumstances that make it contrary to good faith for that person to use or publish the design |
| 2 | Any person other than the proprietor | The disclosure is in breach of good faith |
| 3 | Not a disclosure but an acceptance of an order | A first and confidential order for articles bearing a new or original textile design intended for registration |
| Condition | All three | Registration is obtained subsequently to the disclosure or acceptance |
Limb 1: the proprietor's confidential disclosure
The proprietor may show a design to a manufacturer, a mould-maker, an investor or a printer. The section says such a disclosure is not a publication "sufficient to invalidate the copyright" if the circumstances were such that it would be "contrary to good faith" for the recipient to use or publish the design. The key is the circumstances. The text does not say that a written confidentiality agreement is required, and does not list the circumstances. It speaks of good faith, not of any particular document. A signed non-disclosure agreement, or a clear statement made when the design is shown, will be the practical way to prove the circumstances; the text does not demand it.
This limb links to section 4(b), which bars registration of a design that "has been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date". Limb 1 says a confidential disclosure of this kind is not a publication "sufficient to invalidate the copyright". See our article on section 4.
Limb 2: disclosure in breach of good faith by someone else
"The disclosure of a design in breach of good faith by any person, other than the proprietor of the design". Suppose an employee of a supplier leaks the drawings, or a trade-show visitor photographs a prototype in breach of an understanding and posts the photographs online. The proprietor did not make that disclosure and it was in breach of good faith. The section says it is not deemed a publication sufficient to invalidate the copyright.
Notice how the text is framed. The protection is for the proprietor's position; it does not say what remedy the proprietor has against the person who breached good faith, and it does not make the leaker liable under the Act. That is outside this section.
Limb 3: the first and confidential textile order
"The acceptance of a first and confidential order for articles bearing a new or original textile design intended for registration." This limb applies only to textile designs. A weaving mill or printer who accepts a first order that is confidential, for articles bearing a new or original textile design that the owner intends to register, does not thereby publish the design.
Each word narrows it:
- "first": the first order, not later ones.
- "confidential": the order must be confidential.
- "textile design": not other kinds of design.
- "intended for registration": the design must be one the proprietor intends to register.
The text does not define "textile design". Whether a similar design on a ceramic tile counts is not answered; limb 3 is, on its words, confined to textile designs. For sector background, see our post on industrial design protection for fashion and textiles.
The condition: registration obtained afterwards
All three limbs end with "if registration thereof is obtained subsequently to the disclosure or acceptance". So the design must be registered after the event. The section does not extend the filing date and does not say how long the proprietor may wait. It simply says the disclosure is not "a publication sufficient to invalidate the copyright" if registration is obtained afterwards. The time to apply and the effect on the application date are matters for section 5 and the Rules.
What section 16 does not do
- It does not allow a proprietor to rely on an open disclosure. A trade-fair display or a sale is outside it.
- It does not protect limb 3 for a non-textile design.
- It does not state any time within which the design must be filed.
- It does not give a remedy against a person who broke confidence.
- It does not interact expressly with section 21 (exhibitions); that is a separate route with its own six-month period. See our article on sections 20 and 21.
Illustration (invented)
Kavya Textiles designs a block-printed border pattern for a bedsheet. Before filing, she gives the artwork to Bright Dye Works, a printing unit, and the two agree in writing that the artwork is confidential. Bright Dye Works accepts a first confidential order for 500 metres of cloth carrying the pattern. Under limb 3 (and limb 1), that disclosure and acceptance is not a publication sufficient to invalidate the copyright if she later obtains registration.
But if a cousin of Kavya's photographs the cloth hung at a stall and posts it online, that is a different matter. If the cousin did so in breach of good faith, limb 2 may apply; if the post was an open display that Kavya herself authorised, section 16 does not help her.
Do not treat this section as permission to launch before filing; get a written confidentiality undertaking and keep dated records of every disclosure.
Need help with design secrecy and filing order?
If you have already shown your design to a supplier or buyer, the order of events matters. Our legal consultation team can review what was disclosed, how, and when, and advise how section 16 and section 4 apply before you file.
Key takeaways
- Section 16 says three kinds of disclosure or acceptance are not a publication sufficient to invalidate the copyright.
- They are the proprietor's disclosure in circumstances contrary to good faith for the recipient to use or publish, a disclosure in breach of good faith by someone else, and acceptance of a first confidential order for a new or original textile design intended for registration.
- The protection depends on registration being obtained afterwards.
- The text sets no time limit and gives no remedy against the person who breached good faith.
Read next
- Sections 17–18: inspection of registered designs and information on copyright
- Sections 20–21: designs binding Government and exhibitions
- Common mistakes in design registration and how to avoid them
- Section 4: prohibition of registration of certain designs
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.