Section 44 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 44 lets a person who has applied for protection for a design in the United Kingdom or another convention country claim that his Indian registration has the same date as the foreign application, provided the Indian application is made within six months. It also says that showing the design in India in the meantime does not invalidate the registration, that the Indian application is made like an ordinary one, that the Central Government can extend the section to other countries by notification, and it defines "convention countries" and fixes how the six months run where there are several foreign applications. If you filed abroad first, our industrial design registration team can work out whether you are still inside the window.
A person who has applied for design protection in the United Kingdom or any other convention country, group of countries or inter-governmental organisation member, or his legal representative or assignee, may claim that the Indian registration shall be in priority and shall have the same date as the foreign application, if the Indian application is made within six months of the foreign one. No damages for piracy can be recovered for acts before the actual date of registration in India. If more than one foreign application exists, the six months run from the earliest.
Sub-section (1): the priority claim
"Any person who has applied for protection for any design in the United Kingdom or any of other convention countries or group of countries or countries which are members of inter-governmental organisations, or his legal representative or assignee shall, either alone or jointly with any other person, be entitled to claim that the registration of the said design under this Act shall be in priority to other applicants and shall have the same date as the date of the application in the United Kingdom or any of such other convention countries or group of countries or countries which are members of inter-governmental organisations, as the case may be:"
(The marginal heading prints "Receiprocal"; it means "Reciprocal".)
| Element | What the text says |
|---|---|
| Who | A person who has applied for protection for a design abroad, or his legal representative or assignee, alone or jointly with another |
| Where the first application was filed | The United Kingdom, or any other convention country, group of countries, or a member of an inter-governmental organisation |
| What the claim gives | Registration in India "in priority to other applicants" with "the same date as the date of the application" abroad |
The words "legal representative" are defined in section 2(f), and "assignee" means a person to whom the foreign application was assigned. The text speaks of "protection for any design". It does not describe the foreign application further.
Proviso (a): six months
"the application is made within six months from the application for protection in the United Kingdom or any of such other convention countries or group of countries or countries which are members of inter-governmental organisations, as the case may be".
The Indian application must be made within six months from the foreign application. The text does not provide any extension of the six months. It also does not say how a day is counted.
Proviso (b): no damages for the earlier period
"nothing in this section shall entitle the proprietor of the design to recover damages for piracy of design, design happening prior to the actual date on which the design is registered in India."
(The text prints "design, design happening", a repetition.) Even though the registration takes the earlier foreign date for priority, the proprietor cannot recover damages for piracy for acts before the actual date on which the design is registered in India. Priority protects the application against intervening publication and applicants; it does not create a right to damages for the earlier period. Section 22 deals with piracy.
Sub-section (2): exhibition or publication in India during the six months
"The registration of a design shall not be invalidated by reason only of the exhibition or use of or the publication of a description or representation of the design in India during the period specified in this section as that within which the application may be made;"
So, during the six months, an exhibition, use or publication of a description or representation of the design in India does not by itself invalidate the registration. The word "only" matters: if other grounds apply, they remain. Compare section 4(b), which looks at disclosure before the filing date "or, where applicable, the priority date": see our article on section 4.
Sub-section (3): same manner as an ordinary application
"The application for registration of a design of a design under this section must be made in the same manner as an ordinary application under this Act." (The text repeats "of a design".) So section 5(2) applies: the prescribed form, filed in the Patent Office in the prescribed manner with the prescribed fee. See section 5, and the sibling rule article on rule 15. We state no fee.
Sub-section (4): extending the section by notification
"Where it is made to appear to the Central Government that the legislature of the United Kingdom or any such other convention country or a country which is member of any group of countries or inter-governmental organisation as may be notified by the Central Government in this behalf has made satisfactory provision for the protection of designs registered in India, the Central Government may, by notification in the Official Gazette, direct that the provisions of this section, with such variations or additions, if any, as may be set out in such notification, shall apply for the protection of designs registered in the United Kingdom or that other convention country or such country which is member of any group of countries or inter-governmental organisation, as the case may be."
This is the reciprocity power. The Central Government may extend section 44 to designs registered in a country that has made "satisfactory provision for the protection of designs registered in India", by notification in the Official Gazette, with variations or additions. The text does not name any country apart from the United Kingdom, and no notification is in our sources; check the Gazette for the countries covered.
Explanation (1): "convention countries"
"For the purposes of this section, the expression 'convention countries', 'group of countries' or 'inter-governmental organisation' means, respectively, such countries, group of countries or inter-governmental organisation to which the Paris Convention for Protection of Industrial Property, 1883 as revised at Stockholm in 1967 and as amended in 1979 or the Final Act, embodying the results of the Uruguay Round of Multilateral Trade Negotiations, provided for the establishment of World Trade Organisation applies."
So the Act ties the term to the Paris Convention (as revised at Stockholm in 1967 and amended in 1979) and to the Final Act embodying the Uruguay Round results that provided for the World Trade Organisation. The text does not list the countries. See our post on the Paris Convention priority for designs.
Explanation (2): several foreign applications
"Where more than one application for protection referred to in sub-section (1) have been made for similar protections in the United Kingdom or one or more convention countries, group of countries or countries which are members of inter-governmental organisations, the period of six months referred to in clause (a) of that sub-section, shall be reckoned from the date of which the earlier or the earliest application, as the case may be, of such applications has been made."
(The text prints "date of which" for "date on which".) If there are several foreign applications for similar protection, the six months run from the earliest. You cannot restart the clock by filing a later foreign application.
Timeline
| Event | Effect |
|---|---|
| Foreign application in the UK or a convention country | Starts the six-month period (earliest application if several) |
| Indian application within six months | Registration in priority, same date as the foreign application |
| Indian showing or publication during the six months | Not by itself invalidating (sub-section (2)) |
| Registration in India | No damages for piracy before the actual date of registration (proviso (b)) |
Illustration (invented)
Fjord Lighting AS files a design application for a pendant lamp in the United Kingdom on 3 February. It wants Indian protection, and its Indian agent files an Indian application on 20 July, within six months of 3 February, claiming priority. Under sub-section (1), the Indian registration is in priority and carries the 3 February date. In May, Fjord displayed the lamp at a fair in Mumbai; sub-section (2) says that exhibition does not by itself invalidate registration. Meanwhile, an Indian maker, Lumos Works, began selling a copy in April. Under proviso (b), Fjord cannot recover damages for piracy for Lumos's sales before the actual date of registration in India, although the priority date protects the application against Lumos's earlier publication.
Need help with a priority claim?
A priority claim depends on counting six months correctly from the earliest filing. Our industrial design registration team can check your dates, prepare the Indian application and claim priority.
Key takeaways
- A person who applied for design protection in the UK or another convention country (or a member of an intergovernmental organisation), or his legal representative or assignee, may claim priority for the Indian registration.
- The Indian application must be made within six months of the foreign application; the registration takes the foreign date.
- No damages for piracy for acts before the actual date of registration in India.
- Exhibition, use or publication in India during the six months does not by itself invalidate the registration.
- The six months run from the earliest application where there are several.
- The Central Government may extend the section to other countries by notification.
Read next
- Convention application for design: Paris Convention priority
- International design registration: Hague system and India
- Rule 15: reciprocity application for registration of a design
- Sections 45–46: annual report and protection of security of 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.