Sections 17 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.
Sections 17 and 18 let outsiders look at a registered design and find out where it stands. Section 17 allows inspection of a design while copyright subsists and a certified copy of any registered design. Section 18 obliges the Controller, on request, to say whether the registration still exists, for which classes of articles, and to give the date of registration and the proprietor's name and address. Before you copy, buy, license or compete with a design, these are the sections that let you check. If you want the search done and read for you, our industrial design registration team can help.
Section 17(1): during the existence of copyright in a design, any person who furnishes information that lets the Controller identify the design and pays the prescribed fee may inspect it in the prescribed manner. Section 17(2): any person may obtain a certified copy of any registered design on application and payment of the prescribed fee. Section 18: on a request with identifying information and the prescribed fee, the Controller shall inform the person whether the registration still exists, in respect of what classes of articles, the date of registration and the name and address of the registered proprietor.
Section 17(1): inspecting a design
"During the existence of copyright in a design, any person on furnishing such information as may enable the Controller to identify the design and on payment of the prescribed fee may inspect the design in the prescribed manner."
| Element | What the text says |
|---|---|
| Who | "Any person"; no interest need be shown |
| When | "During the existence of copyright in a design" |
| What you supply | Information enabling the Controller to identify the design |
| What you pay | The prescribed fee |
| How | In the prescribed manner |
Two points. First, there is no requirement to explain why you want to inspect. Second, the sub-section is tied to the period of copyright. The text does not say whether a design whose copyright has ended can be inspected under this sub-section; it is silent. Section 7 says that after registration the design is "open to public inspection", so read the two together; see our article on sections 7 and 8. The manner and fee are in the Designs Rules, 2001; our sibling article on rules 27 and 28 covers them. We state no fee.
Section 17(2): certified copies
"Any person may, on application to the Controller and on payment of such fee as may be prescribed, obtain a certified copy of any registered design."
Compare it with sub-section (1):
- Sub-section (2) does not use the words "during the existence of copyright". It speaks of "any registered design".
- It covers a certified copy, a copy the Controller certifies, which is useful as evidence. Sections 38 and 39, covered in our article on sections 37–41, deal with the Controller's certificate and certified copies as evidence.
- It is not the same as a copy of the certificate of registration, which section 9(2) lets the Controller furnish to the proprietor on loss. Section 17(2) is for the public.
Section 18: information as to existence of copyright
"On the request of any person furnishing such information as may enable the Controller to identify the design, and on payment of the prescribed fee, the Controller shall inform such person whether the registration still exists in respect of the design, and, if so, in respect of what classes of articles, and shall state the date of registration, and the name and address of the registered proprietor."
Here the word is "shall". The Controller's duty is mandatory once the request, identifying information and fee are in. The reply covers four things:
- whether the registration still exists;
- if so, in respect of what classes of articles;
- the date of registration;
- the name and address of the registered proprietor.
(The date of registration is the date of application, by section 5(6).) The section gives no time within which the Controller must reply, and does not say the reply is in any particular form. It does not give the design's representation; that is by inspection or certified copy under section 17.
Comparing the three routes
| Route | Section | Gets you | When |
|---|---|---|---|
| Inspect the design | 17(1) | A look at the design itself | During existence of copyright |
| Certified copy | 17(2) | A copy certified by the Controller | Any registered design |
| Information on status | 18 | Existence, classes, date, proprietor | On request with identifying information |
Why these sections matter
- Before launch: a clearance search. Find out whether a similar design is registered, in which class, and whether it is still alive. Combined with section 22, which makes it unlawful during the existence of copyright to apply a registered design or an imitation to articles for sale, this protects you from accidental piracy; see our article on section 22.
- Before a deal: to confirm who the registered proprietor is before buying or licensing. Notice of trust is not entered in the registers (section 25), so the register names only the registered proprietor.
- For evidence: a certified copy supports a claim or a petition. If you are thinking of petitioning for cancellation under section 19, a certified copy and the information under section 18 help you plead.
- For renewal: a proprietor can use section 18 to confirm the date of registration before diarising the extension under section 11.
What the sections do not say
- They do not prescribe the fee, the form or the manner. Those are in the Rules.
- They do not require the Controller to explain why a design has lapsed.
- They do not give the person the right to copy the design after inspection; the exclusive right in section 22 remains while the copyright subsists.
- They do not mention an online search; the text is silent on how a request is made.
Illustration (invented)
Orbit Gadgets plans to launch a ribbed phone stand. A search turns up a similar-looking stand sold by Pinnacle Mounts. Orbit's counsel asks the Controller, giving the information needed to identify the design and paying the prescribed fee, whether the registration still exists. Under section 18, the Controller informs Orbit that the registration exists in a named class, gives the date of registration and the name and address of the registered proprietor. Orbit then applies under section 17(1) to inspect the design, and obtains a certified copy under section 17(2) to keep in its file. Armed with this, Orbit decides to redesign the stand before launch.
Need help with design searches and status checks?
A search and a status report take care and a reading of the classes. Our industrial design registration team can run the section 17 and 18 requests for you and explain what the reply means for your launch.
Key takeaways
- Any person may inspect a design during the existence of copyright on furnishing identifying information and paying the prescribed fee.
- Any person may obtain a certified copy of any registered design on application and payment of the prescribed fee.
- Under section 18, the Controller shall inform a requester whether the registration still exists, for what classes, the date of registration and the registered proprietor's name and address.
- The manner, forms and fees are in the Designs Rules, 2001, not in the Act.
Read next
- Section 19: cancellation of registration
- Sections 25–29: trusts, inspection of registers, reports and correction of clerical errors
- Rules 27–28: inspection of designs and search under section 18
- Design registration in India
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.