Section 13 of DA, 2000 : Section 13: Procedure For Disposal Of Applications For Restoration Of Lapsed Designs

Explanation using Example

Imagine a furniture company, "ComfySeats Inc.", has a registered design for a unique chair that has become quite popular. Due to an oversight, the company failed to pay the fee required to extend the copyright of their design. As a result, the design's registration lapsed. ComfySeats Inc. realizes this mistake two months after the deadline and immediately applies to the Controller for restoration, arguing that the oversight was unintentional and there has been no undue delay since they noticed the mistake.

After reviewing the case and hearing the company's explanation, the Controller is convinced that the failure to pay was indeed unintentional. The Controller agrees to restore the design's registration, provided ComfySeats Inc. pays the unpaid extension fee along with an additional fee as prescribed by the law. Additionally, the Controller may require ComfySeats Inc. to make certain entries in the register that should have been made but were omitted. With the design restored, ComfySeats Inc. can continue to have exclusive rights to their chair design and take legal action against any infringement.