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Section 10: For rule 21 of the principal rules, the following rule shall be s~bstituted, namely

The Designs(Amendment) Rules, 2008Central Rules · 2000

"21. Non-completion within stipulated period.- An application which owjng to any negligence or default of the applicant, has not been completed so as to enable registration to be effected within six months or within extended period as specified in rule 18 from the date of application, shall be deeme~ to be abandoned.".

11. In rule 22, 25, 27, 39 of the principal rules, the word "Gazette" wherever it occills,- the words, figures and brackets "Journal referred to in section 145 of the Patents Act 1970 (39 of 1970)" shall be substituted.

12. In rule 28 of the principal rules, in sub rule 2, for the word "lodge", the word "file" shall be substituted. · · .

13. · In rule 29 of the principal rules,

(a) in sub-rule I, after the word "statement" the woi'ds "and evidence" shall be inserted.

. ' .

(b) in sub-rule 2, after the Word "statement" the words "and evidence" shall be inserted.

(c) for sub-rules 3 and 4, the following sub-rules shal{ be substituted, namely:-

(3) "If the registered proprietor intends to oppose the application he shall within a time to be specified- by the Controller, file at the office a counter statement and evidence setting out the grounds on which he intends to oppose the application and shall deliver to the applicant a copy thereofsimultaneously.

(4) :The applicanfmay, after delivery to him of the copy ofthe registered proprietor's counter statement and evidence leave at the office, evidence in reply by way of affidavits in support of his case and shall also deliver to the registered proprietor a copy of thereof simultaneously."

(d) sub-rule 5 and 6 shall be omitted.

(e) for sub-rule 9, the following sub-rule shall be substituted,. namely,- "(9) The time all()wed for filling the counter-statement and evidence or for leaving reply evidence shall ordinarily be one month which may .be extended only by a special order of [~ 11-l§q 3(ii)] the Controller given on a petition with the fee specified in the fist schedule made by party seeking extension of time.

Provided that the extension so granted shall in no case exceed three months in aggregate.". · · I

(f) In sub-rule (10), for the words, figures and brackets "sub rule (3) to (8}", the words, figures and brackets "sub-rules ( 1) to (8Y' shall be substituted.

14. In rule 40 of the principal rule,

(a) in sub-rule 2, after the words "written statement" the words "and the evidence" shall be inserted.

(b) in sub-rule 3, after the words 'twritt€m statement", the words "and evidence" shall be inserted.

(c) in sub-rule 4, for the words, figures and brackets "sub-rules (4) to (13)", the words, figures and brackets "sub-rules (3) to (11)" shall be substituted.

Where this provision sits

ActThe Designs(Amendment) Rules, 2008
Section10
Marginal noteFor rule 21 of the principal rules, the following rule shall be s~bstituted, namely
JurisdictionCentral
StatusIn force as published by the source

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