Section 46 of The Designs Act, 2000
Notwithstanding anything contained in this Act, the Controller shall--
- (a)not disclose any information relating to the registration of a design or any application relating to the registration of a design under this Act, which he considers prejudicial to the interest of the security of India; and
- (b)take any action regarding the cancellation of registration of such designs registered under this Act which the Central Government may, by notification in the Official Gazette, specify in the interest of the security of India. Explanation.--For the purposes of this section, the expression "security of India" means any action necessary for the security of India which relates to the application of any design registered under this Act to any article used for war or applied directly or indirectly for the purposes of military establishment or for the purposes of war or other emergency in international relations.
Summary
- This section overrides all other provisions in the Act when the national security of India is at risk.
- The Controller is forbidden from disclosing any information about a design registration or application if they believe it would harm the security of India.
- The Controller must cancel the registration of any designs specified by the Central Government in the Official Gazette in the interest of national security.
- The term "security of India" is specifically defined as actions necessary for security that relate to designs applied to items of war.
- It also covers designs applied directly or indirectly to military establishments or used during wars or other international emergencies.
Practical examples
FAQ
1. Who has the authority to specify which design registrations should be canceled for national security reasons?
The Central Government has the authority to specify these designs by publishing a notification in the Official Gazette.
2. What kind of products are covered under the "security of India" definition in Section 46?
It covers designs applied to articles used for war, items used directly or indirectly for military establishments, or items used during wars or international emergencies.
Test yourself
Q1.Under Section 46 of The Designs Act, 2000, what is the Controller required to do if they consider the disclosure of a design application prejudicial to the security of India?
Q2.Who has the power to specify registered designs that must be canceled in the interest of the security of India under Section 46 of The Designs Act, 2000?
Q3.How does Section 46 of The Designs Act, 2000 define the "security of India" in relation to designs?
Q4.What is the relationship between Section 46 of The Designs Act, 2000 and Section 7 of the same Act, which deals with the publication of registered designs?