Sections 7 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.
For anyone using industrial design registration to protect a product, these two sections matter at either end of the file. Section 7 says the Controller publishes the particulars of a design after it is registered, and from then the design is open to public inspection. Section 8 deals with a different problem: what happens when, before registration, the person entitled to the design is not the person who applied, or when joint applicants fall out or one dies. The Controller can direct that the application proceed in a different name or names.
Under section 7, after registration the Controller causes publication of the prescribed particulars in the prescribed manner, and the design is then open to public inspection. Under section 8, before registration the Controller may, on a claim made in the prescribed manner, direct that an application proceed in the name of a claimant who is entitled by an assignment or agreement in writing or by operation of law. Joint applicants must consent; on the death of a joint applicant the survivors can ask to proceed alone; and a dispute among joint applicants can be directed by the Controller after a hearing.
Section 7: publication after registration
"The Controller shall, as soon as may be after the registration of a design, cause publication of the prescribed particulars of the design to be published in such manner as may be prescribed and thereafter the design shall be open to public inspection."
Reading it closely:
- When: "as soon as may be after the registration". The text gives no number of days.
- What: "the prescribed particulars". The Act does not list them; the Designs Rules, 2001 do. See our rule article on rules 22 and 23.
- How: "in such manner as may be prescribed".
- Effect: "thereafter the design shall be open to public inspection". Publication follows registration, so the design is not open to inspection while only an application is pending. Sections 17 and 18 add the details of inspection and of requests for information about copyright.
The practical meaning for a proprietor is that, once registered, the design is open to the public and cannot be kept secret; the protection is the exclusive right, not secrecy. See our article on piracy for how that right is enforced.
Section 8: substitution of the applicant
Section 8 applies "at any time before a design has been registered". It does not operate after registration.
Sub-section (1): the claimant
The Controller may act if he is satisfied, on a claim made in the prescribed manner, that "by virtue of any assignment or agreement in writing made by the applicant or one of the applicants for registration of the design or by operation of law, the claimant would, if the design were then registered, be entitled thereto or to the interest of the applicant therein, or to an undivided share of the design or of that interest".
He may then "direct that the application shall proceed in the name of the claimant or in the names of the claimants and the applicant or the other joint applicant or applicants, accordingly as the case may require".
| Element | What the text says |
|---|---|
| Timing | Before the design is registered |
| Who may claim | A person entitled by assignment, agreement in writing, or operation of law |
| What the claimant is entitled to | The design, the applicant's interest, or an undivided share of either |
| Procedure | Claim "in the prescribed manner" |
| Controller's power | Direct that the application proceed in the claimant's name, or in the names of claimant and applicant(s) |
The Act does not define "operation of law". Common examples such as succession are not listed in the text, and we do not add them.
Sub-section (2): joint applicants must consent
"No such direction as aforesaid shall be given by virtue of any assignment or agreement made by one two or more joint applicants for registration of a design except with the consent of the other joint applicant or applicants."
If one co-applicant assigns his share, the Controller cannot substitute the buyer without the consent of the others. (The text prints "one two or more"; read it as "one of two or more".)
Sub-section (3): proof that the assignment relates to the design
The sub-section is printed "3)" without its opening bracket. No direction shall be given by virtue of any assignment or agreement for the assignment of the benefit of a design unless one of four conditions is met:
- (a) the design is identified in it by reference to the number of the application for registration; or
- (b) the Controller is shown an acknowledgement by the person who made the assignment or agreement that it relates to the design in respect of which that application is made; or
- (c) the claimant's rights have been finally established by the decision of a court; or
- (d) the Controller gives directions for enabling the application to proceed or for regulating how it should proceed under sub-section (5).
The lesson for a drafter: name the application number in any deed made while an application is pending.
Sub-section (4): death of a joint applicant
"Where one of two or more joint applicants for registration of a design dies at any time before the design has been registered, the Controller may, upon a request in that behalf made by the survivor or survivors, and with the consent of the legal representative of the deceased, direct that the application shall proceed in the name of the survivor or survivors alone."
Three conditions are needed: a death before registration, a request by the survivor(s), and the consent of the legal representative. "Legal representative" is defined in section 2(f) as "a person who in law represents the estate of a deceased person". The word is "may", so the Controller keeps a discretion.
Sub-section (5): disputes between joint applicants
"If any dispute arises between joint applicants for registration of a design whether or in what manner the application should be proceeded with, the Controller may, upon application made to him in the prescribed manner by any of the parties, and after giving to all parties concerned an opportunity to be heard, give such directions as he thinks fit for enabling the application to proceed in the name of one or more of the parties alone or for regulating the manner in which it should be proceeded with, or for both those purposes, as the case may require."
Here the Act requires an opportunity to be heard for all parties. The directions can allow one or more parties to proceed alone, or regulate the manner of proceeding, or both. The text sets no time limit and names no appeal; it is silent on both.
Illustration (invented)
Priya and Rohan, two industrial designers, file a joint application for a stackable stool. Before registration, Rohan assigns his half share to Arkaa Furnishings by a written agreement that cites the application number. Arkaa makes a claim in the prescribed manner. Under sub-section (2), the Controller cannot direct that the application proceed with Arkaa in Rohan's place without Priya's consent, because the assignment was made by one of two joint applicants. Under sub-section (3)(a), Arkaa's deed, naming the application number, satisfies the identification condition.
Suppose instead Rohan dies before registration. Priya may request that the application proceed in her name alone; the Controller may so direct with the consent of Rohan's legal representative. If Priya and Rohan had instead fallen out over whether to proceed, either could apply under sub-section (5) and the Controller would hear both before giving directions.
What these sections do not do
- Section 8 stops at registration; for changes after registration, see sections 10 and 30.
- The prescribed manner of the claim and of the application under sub-section (5) is in the Designs Rules, 2001. Our sibling article on rules 16 and 17 covers the claim to proceed as applicant.
Need help with a joint or transferred application?
If your design application has joint applicants, a pending assignment, or a death in the family, the Controller's direction under section 8 can decide who ends up as registered proprietor. Our industrial design registration team can prepare the claim and the supporting documents.
Key takeaways
- Section 7: after registration the Controller publishes the prescribed particulars, and the design becomes open to public inspection.
- Section 8 applies only before registration.
- A claimant by assignment, written agreement or operation of law may ask the Controller to direct that the application proceed in the claimant's name.
- A joint applicant's assignment needs the consent of the other joint applicants, and the assignment must be tied to the application as sub-section (3) requires.
- On the death of a joint applicant, survivors may ask to proceed alone with the consent of the legal representative; disputes are decided by the Controller after hearing all parties.
Read next
- Sections 9–10: certificate of registration and register of designs
- Section 30: entry of assignments, transmissions and licences in the register
- Design assignment deed: draft template
- Section 6: registration in respect of a particular article
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.