Section 30 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 30 tells you how to deal in a registered design. A person who becomes entitled to the copyright in a registered design by assignment, transmission or other operation of law applies to the Controller to be registered as proprietor. A mortgagee, licensee or other interest holder applies to have notice of the interest entered. The deal must be in writing and embody all terms, and the application must be filed within six months of execution, extendable by up to six months in all. An unregistered document is not admitted in evidence of title unless the court directs otherwise. For help with a deed or an entry, a legal consultation is a sensible first step.
(1) A person entitled to the copyright by assignment, transmission or operation of law may apply in the prescribed form to be registered as proprietor. (2) A mortgagee, licensee or other interest holder may apply to have notice of the interest entered. (3) An assignment, mortgage, licence or other interest is not valid unless in writing, with all terms in one instrument, and the application to register is filed within six months of execution, or such further period, not exceeding six months in aggregate, as the Controller allows. (4) The registered proprietor has power to assign, license and deal with the design. (5) An unregistered document is not admitted in evidence of title unless the court, for recorded reasons, directs otherwise.
Sub-section (1): becoming the registered proprietor
"Where a person becomes entitled by assignments, transmission or other operation of law to the copyright in a registered design, he may make application in the prescribed form to the Controller to register his title, and the Controller shall, on receipt of such application and on proof of title to his satisfaction, register him as the proprietor of such design, and shall cause an entry to be made in the prescribed manner in the register of the assignment, transmission or other instrument affecting the title."
Elements:
- Who: a person who becomes entitled to the copyright in a registered design by assignment, transmission or other operation of law. (The marginal note prints "transmitions"; the heading to the section reads "Entry of assignment and transmitions in registers".)
- How: application in the prescribed form to the Controller.
- What the Controller does: "shall", on receipt and on proof of title to his satisfaction, register him as proprietor and cause an entry of the assignment, transmission or instrument in the register.
The word "shall" is conditional on proof of title "to his satisfaction". The form is in the Designs Rules, 2001; see our sibling article on rules 32 to 37. We state no fee.
Sub-section (2): mortgages, licences and other interests
"Where any person becomes entitled as mortgage, licensee or otherwise to any interest in a registered design, he may make application to the Controller to register his title, and the Controller shall, on receipt of such application and on proof of title to his satisfaction, cause notice of the interest to be entered in the prescribed manner in the register of designs, with particulars of the instrument, if any, creating such interest."
(The text prints "mortgage" where "mortgagee" is meant.) Here the Controller does not register the person as proprietor; he enters notice of the interest, with particulars of the instrument.
Sub-section (3): writing, all terms, and six months
"For the purposes of sub-section (1) or sub-section (2) an assignment of a design or of a share in a design, a mortgage, licence or the creation of any other interest in a design shall not be valid unless the same were in writing and the agreement between the parties concerned is reduced to the form of an instrument embodying all the terms and conditions governing their rights and obligation and the application for registration of title under such instrument is filed in the prescribed manner with the Controller within six months from the execution of the instrument or within such further period not exceeding six months in the aggregate as the Controller on application made in the prescribed manner allows."
Three tests, all of which must be met for validity.
| Test | What the text requires |
|---|---|
| In writing | The assignment, mortgage, licence or other interest must be in writing |
| One instrument | The agreement is reduced to an instrument "embodying all the terms and conditions governing their rights and obligation" |
| Time | The application for registration is filed within six months from the execution of the instrument, or within a further period "not exceeding six months in the aggregate" if the Controller, on application in the prescribed manner, allows |
Two features stand out. First, the time limit forms part of validity: the dealing "shall not be valid unless" the application is filed in time. Second, "not exceeding six months in the aggregate" means the extra period is capped at six months, so the outer limit is twelve months from execution. The text does not say how the extension is to be requested beyond "in the prescribed manner".
Proviso: "the instrument shall, on entry of its particulars in the register under sub-section (1) or sub-section (2), have the effect from the date of its execution." So once registered, the deal takes effect from the date of execution, not from the date of the entry.
Sub-section (4): the registered proprietor's power
"The person registered as the proprietor of a design shall, subject to the provisions of this Act and to any rights appearing from the register to be vested in any other person, have power absolutely to assign, grant licenses as to, or otherwise deal with, the design and to give effectual receipts for any consideration for any such assignment, licence or dealing."
The registered proprietor has power "absolutely" to assign, license or deal, subject to the Act and to rights appearing from the register to be vested in another. A buyer can therefore rely on the register. Proviso: "any equities in respect of the design may be enforced in like manner as in respect of any other moveable property." Equities are not defined; the text treats the design like other moveable property for this purpose.
Sub-section (5): unregistered documents in evidence
"Except in the case of an application made under section 31, a document or instrument in respect of which no entry has been made in the register in accordance with the provisions of sub-sections (1) and (2) shall not be admitted in evidence in any court in proof of the title to copyright in a design or to any interest therein, unless the court, for reasons to be recorded in writing, otherwise directs."
- A document with no register entry is not admitted in evidence in any court to prove title to the copyright or an interest in it.
- Exception 1: an application under section 31 (rectification); see our article on section 31.
- Exception 2: the court, "for reasons to be recorded in writing, otherwise directs".
Illustration (invented)
Aroha Studios designs a stackable planter and registers it. On 1 March Aroha signs a deed assigning the copyright to Terrace Pots Ltd. The deed states every term. Terrace should file the application to register its title within six months of 1 March, or, if the Controller allows on application, within a longer period that in total does not exceed six months beyond the first six. If Terrace files in time and the Controller is satisfied, the entry takes effect from 1 March. If Terrace delays beyond the permitted time, sub-section (3) says the assignment is not valid. If Terrace later sues a copier and relies on an unregistered deed, sub-section (5) bars the document as proof of title unless the court directs otherwise.
A second example: Nimbus Lamps grants a licence to a distributor in writing, with all terms in one instrument, and applies to enter notice of the licence under sub-section (2). Drafting help is available in our templates for a design assignment deed and a design licence agreement.
Need help recording a design assignment or licence?
A deal that misses the writing, single-instrument or six-month tests is "not valid" on the text. Our legal consultation team can draft the instrument, file the application to register your title and track the time limit.
Key takeaways
- A person entitled by assignment, transmission or operation of law applies in the prescribed form to be registered as proprietor; a mortgagee, licensee or other interest holder applies for notice of the interest.
- The dealing must be in writing, with all terms in one instrument, and the application filed within six months of execution, extendable by the Controller up to six months in aggregate.
- On entry, the instrument has effect from the date of its execution.
- The registered proprietor may assign, license and deal, subject to the Act and to rights appearing from the register.
- An unregistered document is not admitted as proof of title unless the court directs otherwise for recorded reasons.
Read next
- Design assignment deed: draft template
- Design licence agreement: draft template
- Section 31: rectification of register
- Section 42: avoidance of certain restrictive conditions
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.