Sections 9 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 9 says the Controller grants a certificate of registration to the proprietor and may furnish copies if the original is lost. Section 10 says a register of designs is kept at the Patent Office, lists what goes into it, allows it to be kept on computer, carries forward the old register, and makes it "prima facie evidence" of what the Act directs to be entered in it. Together they are the proof of title for a design. When you apply through industrial design registration, the certificate and the register entry are the end products.
The Controller shall grant a certificate of registration to the proprietor once the design is registered, and may issue one or more copies if the original is lost or in any other case he thinks expedient. The register of designs is kept at the Patent Office. It records the names and addresses of proprietors, notifications of assignments and transmissions, and other prescribed matter. It may be kept wholly or partly on computer. It is prima facie evidence of any matter the Act directs or authorises to be entered in it.
Section 9: the certificate
Sub-section (1): grant to the proprietor
"The Controller shall grant a certificate of registration to the proprietor of the design when registered."
The word is "shall". The duty arises "when registered", that is, once the design has been registered under section 5, and registration takes the date of the application (section 5(6)). The certificate goes to "the proprietor", as defined in section 2(j). The text does not give a time limit and does not describe the contents of the certificate; the Rules do. See our article on section 5.
Sub-section (2): copies
"The Controller may, in case of loss of the original certificate, or in any other case in which he deems it expedient, furnish one or more copies of the certificate."
- The trigger is loss of the original, or "any other case in which he deems it expedient".
- The Controller may furnish; the text does not make it a right.
- "One or more copies" is allowed.
- The Act does not mention a fee here. Section 24 says fees for "other matters relating to designs" are prescribed, and a proceeding for which a fee is payable "shall be of no effect unless the fee has been paid"; so check the Rules before applying for a copy. We state no fee.
Note the difference from section 17(2), which lets "any person" obtain a certified copy of a registered design on payment of a fee. Section 9(2) is about copies of the certificate for the proprietor's benefit.
Section 10: the register of designs
Sub-section (1): what the register is and what goes in it
"There shall be kept at the Patent Office a book called the register of designs, wherein shall be entered the names and addresses of proprietors of registered designs, notifications of assignments and of transmissions of registered designs, and such other matter as may be prescribed and such register may be maintained wholly or partly on computer, floppies or diskettes, subject to such safeguards as may be prescribed."
| Feature | What the text says |
|---|---|
| Where | At the Patent Office (defined in s.2(h)) |
| Name | "A book called the register of designs" |
| Entries | Names and addresses of proprietors; notifications of assignments and transmissions; other prescribed matter |
| Medium | May be maintained wholly or partly on computer, floppies or diskettes, with prescribed safeguards |
The words "floppies or diskettes" belong to the language of 2000. We quote them as written and do not say how the register is maintained today; the text is silent.
Sub-section (2): computer entries count as entries
"Where the register is maintained wholly or partly on computer floppies and diskettes under sub-section (1), any reference in this Act to any entry in the register shall be construed as the reference to entry so maintained on computer, floppies or diskettes."
So a reference anywhere in the Act to "an entry in the register" includes an electronic entry. This matters, for example, for section 14 (restored designs) and section 30 (assignments).
Sub-section (3): the old register carries over
"The register of designs existing at the commencement of this Act shall be incorporated with and form part of the register of designs under this Act."
Designs on the pre-existing register therefore continue on the new one. For the Act that this one replaced, see our article on section 48.
Sub-section (4): prima facie evidence
"The register of designs shall be prima facie evidence of any matter by this Act directed or authorized to be entered therein."
"Prima facie evidence" means that, on its face, the register proves the entry, until something contrary is shown. The text does not say the register is conclusive. Two limits show in the words: the evidence is only of matters "directed or authorized" by the Act to be entered, and "prima facie" leaves room for challenge. A person whose name does not appear as proprietor may, for example, have to rely on other proof or on rectification under section 31.
Why this matters in practice
- Proof. In a dispute with a copier you show the certificate and the entry on the register.
- Dealings. Assignments and transmissions are notified on the register, and a buyer or licensee should check that the person selling is the registered proprietor. Section 25 says notice of trust is not entered in registers; see our article on sections 25 to 29.
- Changes. If the name, address or ownership changes, the register must follow; section 30 and the Rules govern entry of assignments and licences.
- Search. The public can inspect registers under section 26, subject to the Act; an owner or a rival can check the status of a design.
Illustration (invented)
Zephyr Bottling Co. registers the shape of a ribbed glass bottle and receives its certificate. A year later, the original certificate is destroyed in a warehouse fire. Zephyr applies to the Controller for a copy; section 9(2) lets the Controller furnish one or more copies in case of loss. Meanwhile, Zephyr assigns the design to a sister company, Zephyr Beverages Ltd. The notification of the assignment is entered in the register of designs under section 10(1). In a later dispute, the register is prima facie evidence of the entry, so Zephyr Beverages produces the register extract along with the copy certificate.
Need help with certificates and register entries?
If you have lost your certificate, need an assignment entered, or want to confirm who is on the register, our team can handle the filing and follow up with the Patent Office through industrial design registration support.
Key takeaways
- The Controller shall grant a certificate of registration to the proprietor when the design is registered.
- He may furnish one or more copies if the original is lost or in any other expedient case.
- The register of designs is kept at the Patent Office and records proprietors' names and addresses and notifications of assignments and transmissions.
- The register may be maintained on computer, and electronic entries count as entries under the Act.
- The register is prima facie evidence of matters the Act directs or authorises to be entered, not conclusive proof.
Read next
- Section 11: copyright on registration and extension
- Section 31: rectification of register
- Design registration process: application to certificate
- Design registration timeline: from filing to certificate
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.