The short answer
A decision of the Director General under the Industrial Design Act, 2023 can be appealed to the Government (the Ministry of Industries) within 60 days of the decision (Section 30(1)). A party unhappy with that appeal can go to the High Court Division within 60 days of it (Section 30(2)). An order of a court in a design case can be appealed to the High Court Division within 60 days (Section 27). The Director General can also correct clerical errors and translation mistakes in documents and records (Section 29).
Appeal routes at a glance
| Decision | Appeal to | Time |
|---|---|---|
| Director General (refusal, objection, compensation order, cancellation and others) | The Government (Ministry of Industries), Section 30(1) | 60 days from the decision |
| The Government's appeal decision | High Court Division, Section 30(2) | 60 days from that decision |
| A court order in a design suit | High Court Division, Section 27 | 60 days from the order |
Cancellation after 2 years is filed directly in the High Court Division (Section 16(3)). The Civil Procedure Code applies to suits and proceedings (Section 28).
Correcting errors (Section 29)
- The Director General can correct a clerical error or mistake in a document or application filed with them, or in a record they made under the Act or Rules.
- The same applies to a mistake in a translation or a copy.
- The applicant or owner must be told, and where needed the correction is published on the e-Gazette or the DPDT website.
To change the content of your own application, use Section 7(3): you can amend an application at any time, but not the original design under examination.
Design appeal questions
Where do I appeal a Director General decision?
To the Government within 60 days (Section 30(1)).
What if I lose that appeal?
You can go to the High Court Division within 60 days (Section 30(2)).
What about a court order?
Appeal to the High Court Division within 60 days (Section 27).
Can errors in the register be corrected?
Yes, by the Director General under Section 29.
Who is "the Government" for designs?
The Ministry of Industries (Section 2).
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