Section 48 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 48, the last section of the Act, repeals the Designs Act, 1911 and says what happens to things done under it. Actions taken under the old Act that were in force at commencement continue as if made under the corresponding provisions of the new Act. Pending applications and consequent proceedings are governed by the new Act. Pending court proceedings may continue as if the new Act had not been passed. And the expiry date of copyright in designs registered under the old Act is fixed by reference to five-year periods. If you own a design registered long ago, or you are reading an old file, this section tells you which law governed. A legal consultation can help you trace it.
(1) The Designs Act, 1911 is repealed. (2) Without prejudice to the General Clauses Act, 1897, any notification, rule, order, registration, certificate, notice, decision, application, request or thing done under the 1911 Act and in force at commencement continues as if done under the corresponding provisions of the new Act. (3) The new Act applies to applications pending at commencement, consequent proceedings and registrations granted. (4) Pending court proceedings may continue as if this Act had not been passed. (5) Copyright in a previously registered design expires on the date immediately after the five-year period for which it was registered, or after the five-year extension.
Sub-section (1): repeal
"The Designs Act, 1911 is hereby repealed."
The marginal reference prints "2 of 1911", which is the old Act's number. The repeal is complete. What survives does so only through the savings in the following sub-sections. The date from which the repeal operates is the date the Act came into force under section 1(3); see our article on section 1 for how commencement is fixed.
Sub-section (2): things done under the old Act continue
"Without prejudice to the provisions contained in the General Clauses Act, 1897 with respect to repeals, any notification, rule, order, requirement, registration, certificate, notice, decision, determination, direction, approval, authorisation, consent, application, request or thing made, issued, given or done under the Designs Act, 1911, shall, in force at the commencement of this Act, continue to be in force and have effect as if made, issued, given or done under the corresponding provisions of this Act."
(The text refers to the General Clauses Act, 1897, "10 of 1897" in the margin.)
| Element | What the text says |
|---|---|
| What is saved | Any notification, rule, order, requirement, registration, certificate, notice, decision, determination, direction, approval, authorisation, consent, application, request or thing |
| Under which law | Made, issued, given or done under the Designs Act, 1911 |
| Condition | In force at the commencement of this Act |
| Effect | Continues in force and has effect as if made under the corresponding provisions of this Act |
| Relation to the General Clauses Act, 1897 | "Without prejudice"; the saving is in addition |
Two things follow. First, old registrations and certificates did not need to be re-registered; they carry on as registrations under the corresponding provisions. Second, the saving is for what was in force at commencement. The text does not list which provisions "correspond", and we do not match them.
The register is also carried across. Section 10(3) says the register of designs existing at the commencement of the Act "shall be incorporated with and form part of the register of designs under this Act". See our article on sections 9–10.
Sub-section (3): pending applications
"The provisions of this Act shall apply to any application for registration of design pending at the commencement of this Act and to any proceedings consequent thereon and to any registration granted in pursuance thereof."
A design application that was pending when the Act commenced is governed by the new Act, as are the consequent proceedings and any registration granted on it. That means the new tests, such as section 4 and the term in section 11, apply to it. The text does not explain how a step already taken under the old Act is to be treated; sub-section (2) may save it, but the text does not say so in terms.
Sub-section (4): pending court proceedings
"Notwithstanding anything contained in this Act, any proceeding pending in any court at the commencement of this Act may be continued in that court as if this Act has not been passed."
Note the word "may". A suit or proceeding pending in a court at commencement can carry on in that court "as if this Act has not been passed". So the old law continues to govern such a proceeding, where the court so continues it. The text does not say what happens if the parties prefer to proceed under the new Act. It is silent on that.
Compare sub-section (3), which speaks of applications (before the Controller) and applies the new Act, and sub-section (4), which speaks of court proceedings and preserves the old position.
Sub-section (5): expiry of old copyright
"Notwithstanding anything contained in sub-section (2), the date of expiration of the copyright in the design registered before the commencement of this Act shall, subject to the provisions of this Act, be the date immediately after the period of five years for which it was registered or the date immediately after the period of five years for which the extension of the period of copyright for a second period from the expiration of the original period has been made."
Reading this:
- It applies to a design registered before the commencement of the Act.
- It operates "notwithstanding" sub-section (2); so the general saving in (2) does not decide the expiry date.
- The expiry date is "the date immediately after the period of five years for which it was registered", or "the date immediately after the period of five years for which the extension ... for a second period ... has been made".
- It is "subject to the provisions of this Act".
So, for an old registration, the period is counted in five-year blocks: the original five years, and, where an extension for a second period was made, another five years. The text gives no other figures. It does not say how a design whose second period had not yet been extended at commencement may be extended, and it does not say whether the ten-year term of section 11 applies to old registrations. It is silent on those points, and we do not fill the gap. The new Act's own term is in section 11: ten years from registration, extendable by five. See our article on section 11.
Quick guide
| Situation at commencement | Governing provision |
|---|---|
| Registration under the 1911 Act in force | Sub-section (2): continues as if under the corresponding provisions; expiry fixed by sub-section (5) |
| Application pending before the Controller | Sub-section (3): the new Act applies |
| Suit or proceeding pending in a court | Sub-section (4): may be continued as if the Act had not been passed |
| Old register | Section 10(3): incorporated into the new register |
Illustration (invented)
Vintage Metalworks owns a design for an ornamental brass lamp base, registered for five years under the 1911 Act and then extended for a second period of five years. At commencement of the 2000 Act, that registration is in force. Under sub-section (2) it continues as if under the corresponding provisions. Under sub-section (5), its copyright expires on the date immediately after the five-year period for which the extension was made.
Separately, Brass Bell Crafts has an application pending at commencement. Under sub-section (3), the new Act applies to it, including the new bars on registration. A third firm, Copper Lane, is a party to a suit pending in a court at commencement. Under sub-section (4), the suit may be continued in that court as if the new Act had not been passed.
Need help with an old design registration?
Registrations that began under the 1911 Act sit on a different expiry rule. Our legal consultation team can read the certificate, work out the expiry date under section 48(5) and advise on what, if anything, can still be done.
Key takeaways
- The Designs Act, 1911 is repealed.
- Things done under the old Act and in force at commencement continue as if done under the corresponding provisions of the new Act.
- The new Act applies to applications pending at commencement, consequent proceedings and registrations granted.
- Court proceedings pending at commencement may be continued as if the new Act had not been passed.
- Copyright in a design registered before commencement expires on the date immediately after the five-year period, or the five-year extension, for which it was registered.
Read next
- Section 1: short title, extent and commencement
- Section 11: copyright on registration and extension
- Sections 9–10: certificate of registration and register of designs
- Introduction to Designs Act 2000: industrial design protection
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.