Sections 20 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 20 says a registered design has the same effect against the Government as against any person, and applies Chapter XVII of the Patents Act, 1970 to registered designs as it applies to patents. Section 21 protects a design that is shown at a notified exhibition: the display or publication does not prevent registration or invalidate it, provided the exhibitor gives the Controller previous notice and the application is made within six months from first exhibiting. If you plan a trade-fair launch, read section 21 before you book the stall, and speak to our industrial design registration team about timing.
Section 20: a registered design binds the Government as it binds any person, and Chapter XVII of the Patents Act, 1970 applies to registered designs as it applies to patents. Section 21: exhibition of a design, or of an article bearing it, at an industrial or other exhibition to which the section has been extended by Central Government notification in the Official Gazette, or publication of a description of it, does not prevent registration or invalidate it, if (a) the exhibitor gives the Controller previous notice in the prescribed form and (b) the application is made within six months from the date of first exhibiting or publishing.
Section 20: binding the Government
"A registered design shall have to all intents the like effect as against the Government as it has against any person and the provisions of Chapter XVII of the Patents Act, 1970 shall apply to registered designs as they apply to patents."
There are two limbs.
- The Government is bound. The registered design has "to all intents the like effect" against the Government. The Government gets no immunity from the exclusive right.
- Chapter XVII of the Patents Act, 1970 applies. The Act does not restate that Chapter. The text of the Chapter is not part of the Designs Act, so this article does not describe it beyond the cross-reference. Read the Patents Act before relying on any specific provision of that Chapter. The words "as they apply to patents" are not followed by adjustments for the vocabulary of designs; the text does not say how terms are to be read across.
The practical meaning: a Government department cannot treat a registered design as if the registration did not exist, and whatever Chapter XVII provides for patents is to be applied to registered designs too.
Section 21: exhibitions
The rule
"The exhibition of a design, or of any article to which a design is applied, at an industrial or other exhibition to which the provisions of this section have been extended by the Central Government by notification in the Official Gazette, or the publication of a description of the design, during or after the period of the holding of the exhibition, or the exhibition of the design or the article or the publication of a description of the design by any person else-where during or after the period of the holding of the exhibition, without the privity or consent of the proprietor, shall not prevent the design from being registered or invalidate the registration thereof."
Break it down.
| Piece | What the text says |
|---|---|
| Which exhibition | An industrial or other exhibition to which the section has been extended by Central Government notification in the Official Gazette |
| What is covered | Exhibition of the design or an article bearing it; publication of a description of the design |
| When | During or after the period of the exhibition |
| By whom | The proprietor or exhibitor, or any other person elsewhere, without the proprietor's privity or consent |
| Effect | Shall not prevent the design from being registered or invalidate the registration |
So the section has two situations: (1) the proprietor or exhibitor shows the design at a notified exhibition; and (2) someone else shows or describes it, during or after the exhibition, "without the privity or consent of the proprietor". Both are protected.
The words "extended by the Central Government by notification" are essential. The Act text does not name any exhibition. Whether a particular fair is covered depends on a notification, which is not in our sources. We cannot say which fairs qualify; check the Gazette.
The proviso: two conditions
"Provided that- (a) the exhibitor exhibiting the design or article, or publishing a description of the design, gives to the Controller previous notice in the prescribed form; and (b) the application for registration is made within six months from the date of first exhibiting the design or article or publishing a description of the design."
- Previous notice to the Controller, in the prescribed form, from the exhibitor. "Previous" means before the exhibition. The form is in the Designs Rules, 2001.
- Application within six months from the date of first exhibiting or publishing.
The text says "the exhibitor". Section 21 does not say what happens where an unrelated person's display occurs without the proprietor's knowledge and there is no notice; the proviso speaks of the exhibitor's notice. Where the proprietor is not the exhibitor, the text is silent on how the proviso fits, and we do not fill the gap.
How section 21 relates to section 4(b)
Section 4(b) bars a design disclosed to the public "prior to the filing date, or where applicable, the priority date". Section 21 says that an exhibition within its terms "shall not prevent the design from being registered". So section 21 is an exception for notified exhibitions only. Section 16 is a different exception for confidential disclosures. See our articles on section 4 and section 16.
The six months under section 21 should not be confused with the six-month priority period of section 44, which is about an earlier foreign application; see our article on section 44.
Illustration (invented)
Sundar Woodcraft plans to show a nested table set at an industrial fair. Suppose the Central Government has notified that fair for the purposes of section 21. Sundar first gives the Controller previous notice in the prescribed form, shows the tables on 10 March, and files its design application on 5 August. That is within six months of first exhibiting, so the exhibition does not prevent registration. Had Sundar filed on 15 September, the six months from 10 March would have passed, and the proviso would not be met.
Now suppose a visitor photographs the tables and publishes them in a magazine without Sundar's consent. Under the first part of section 21, that publication, "without the privity or consent of the proprietor", does not itself prevent registration, subject to the proviso.
Where possible, file before the show; section 21 is a safety net, not a plan, and the six months run from the first showing, not the last.
Need help planning an exhibition launch?
A fair can be a risk or a safe harbour depending on dates and notices. Our industrial design registration team can check whether your show qualifies, prepare the notice and file the application inside the six-month period.
Key takeaways
- Section 20: a registered design has like effect against the Government as against any person, and Chapter XVII of the Patents Act, 1970 applies to registered designs as to patents.
- Section 21 applies only to an exhibition to which the Central Government has extended it by notification in the Official Gazette.
- Display or publication at such an exhibition does not prevent registration or invalidate it, if previous notice in the prescribed form is given to the Controller.
- The application must be made within six months from first exhibiting or publishing.
- Section 21 is an exception to the disclosure bar in section 4(b), not a replacement for early filing.
Read next
- Section 22: piracy of registered design
- Section 4: prohibition of registration of certain designs
- Common mistakes in design registration and how to avoid them
- 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.