Economic, Commercial and Intellectual Property Laws · Law relating to Designs

Cancellation of Design Registration, Appeals and Miscellaneous Provisions

Updated 11 October 2026 · Fact-checked

Under the Designs Act, 2000, any person interested may petition the Controller under Section 19 to cancel a registered design on five listed grounds, such as prior registration or prior publication. Wrong entries in the register are fixed by rectification under Section 31. Appeals from the Controller go to the High Court, within three months under Section 36.

Understand Cancellation, Appeals and Miscellaneous Provisions

A registered design gives the proprietor protection, but registration does not make the design immune. The Act lets others challenge it. If a design should never have been registered, it can be cancelled. If the register itself is wrong, it can be corrected. Keep these two ideas apart, because the exam tests the difference.

Cancellation (Section 19). Any person interested may file a petition with the Controller at any time after registration. There is no time limit. The grounds are only five: (a) the design was previously registered in India; (b) it was published in India or any other country before the date of registration; (c) it is not new or original; (d) it is not registrable under the Act; (e) it is not a design as defined in Section 2(d). Stick to this list. Do not add grounds of your own.

Rectification (Section 31). A person aggrieved can apply to the Controller where an entry is missing, made without sufficient cause, wrongly remaining, or has an error or defect. The Controller may make, expunge or vary the entry. The Controller can also decide any question needed for the rectification. But Section 31(5) says this section does not empower the Controller to cancel a registration as provided in Section 19. Cancellation has its own route.

Appeals. Appeals lie to the High Court from the Controller's orders under Section 19 and Section 31. Section 5(4) gives an appeal against refusal to register, and Section 35(2) gives one against refusal on grounds of public order or morality. The Controller may also refer a Section 19 petition or a Section 31 application to the High Court, which then decides it. Under Section 36, the appeal must be made within three months of the order. Time taken to obtain a copy of the order is excluded. The High Court may take an expert's help, and its decision is final.

Miscellaneous provisions. Section 46 protects the security of India. The Controller must not disclose information about a registration or application that he considers prejudicial to the security of India. He must also take any cancellation action the Central Government specifies by notification. Section 21 protects a design exhibited at a notified exhibition, if prior notice is given to the Controller and the application is made within six months of first exhibiting. Section 20 says a registered design binds the Government. Section 23 applies Patents Act provisions on certificates of validity and groundless threats to designs. Section 14 deals with restored designs and bars suits for piracy committed during the lapse.

Key rules to remember

Who can petition for cancellation: Any person interested → petition to the Controller → at any time after registration (Section 19(1)); No limitation period is stated in the section.
Grounds for cancellation (Section 19(1)): (a) previously registered in India; (b) published in India or elsewhere before registration date; (c) not new or original; (d) not registrable under the Act; (e) not a design under Section 2(d); Five grounds only. Learn them as a list.
Appeal against Controller's order: Appeal to High Court within 3 months of the order (Section 36(1)); time for obtaining a copy excluded (Section 36(2)); High Court's decision is final (Section 36(3)).
Rectification of register (Section 31): Aggrieved person applies → Controller may make, expunge or vary entry; no power to cancel as under Section 19; Appeal lies to the High Court; the Controller may also refer the application to it.
Security of India (Section 46): Controller: (a) shall not disclose prejudicial information; (b) shall act on cancellation as notified by the Central Government; Applies to designs used on articles for war, military establishments or emergencies in international relations.
Exhibition protection (Section 21): Prior notice to Controller + application within 6 months of first exhibiting or publishing; The exhibition must be one notified by the Central Government.

How to solve Cancellation, Appeals and Miscellaneous Provisions questions

Use this method for any problem or theory question on cancellation, rectification, appeals or the miscellaneous sections.

1Identify what the question asks about: cancelling the registration, correcting an entry, challenging an order, secrecy for security, or an exhibition.
2If it is cancellation, state Section 19(1) and who may petition: any person interested, at any time after registration.
3Match the facts to one of the five grounds. Name the ground, for example prior publication before the date of registration.
4If the issue is a wrong or defective entry, apply Section 31 and note that it cannot be used to cancel a registration.
5For appeals, name the correct forum (High Court), the time limit of three months under Section 36, and the exclusion of time for getting a copy of the order.
6For exhibition or security questions, check the conditions: notice and six months for Section 21; Controller's opinion and Government notification for Section 46.
7Apply the law to the facts in a short paragraph.
8End with a clear conclusion: the design can or cannot be cancelled, or the appeal is or is not in time.

Quickest way: Forum, ground, time

When to use it: Use when you have little time and the question is a short fact-based problem.

Forum: Controller first for cancellation or rectification; High Court for appeal.
Ground: pick the Section 19(1) clause (a) to (e) that fits the facts.
Time: no limit for a cancellation petition; three months for an appeal, excluding copy time.
Write the section number, then one line of application, then the conclusion.

Common mistakes in Cancellation, Appeals and Miscellaneous Provisions

Saying cancellation can be sought only within a fixed period after registration.
Students mix it up with limitation periods in other IP laws.
Fix: Section 19(1) says 'at any time after the registration'. State this directly.
Using Section 31 rectification to cancel a design.
Both sections deal with the register, so they look alike.
Fix: Remember Section 31(5): the Controller cannot cancel a registration under Section 31 as provided in Section 19. Cancellation goes through Section 19.
Naming the wrong appellate forum or time limit.
Students recall older Appellate Board provisions from other IP laws.
Fix: For designs, the Act as supplied provides an appeal to the High Court within three months of the order (Section 36).
Forgetting that time taken to get a copy of the order is excluded.
Students stop after learning the three-month figure.
Fix: Always add Section 36(2) when computing whether an appeal is in time.
Adding extra grounds such as lack of use or non-payment of fees to Section 19.
Students assume general grounds apply.
Fix: List only the five grounds in Section 19(1)(a) to (e).
Saying Section 46 lets any officer cancel a design at will.
The words 'security of India' feel broad.
Fix: Cancellation action under Section 46(b) is what the Central Government specifies by notification. The Explanation limits 'security of India' to designs applied to articles for war, military use or emergencies in international relations.

Worked examples

Example 1

Ravi Textiles registered a design for a saree border on 10 March. Meera Handlooms proves that the same design was published in a trade catalogue in Surat in January of the same year. Can Meera seek cancellation, and before whom?

Show the solution

Provision: Section 19(1) allows any person interested to petition the Controller for cancellation at any time after registration.
Ground: clause (b) covers a design published in India or any other country before the date of registration.
Facts: the catalogue publication in January is before the registration date of 10 March, so ground (b) is made out. The design is also arguably not new or original, clause (c).
Meera, as a competitor, is a person interested. There is no time bar in the section.
Forum: the petition goes to the Controller. An appeal from his order lies to the High Court under Section 19(2).

Answer: Yes. Meera may petition the Controller under Section 19(1)(b) because the design was published before the registration date. The Controller's order is appealable to the High Court.

Example 2

The Controller cancels the registration of a design by order dated 1 April. The proprietor receives a certified copy on 20 April and files an appeal in the High Court on 15 July. Is the appeal in time? What is the effect of the High Court's decision?

Show the solution

Provision: Section 19(2) gives an appeal to the High Court. Section 36(1) requires it within three months of the date of the order.
Section 36(2) excludes the time taken to grant a copy of the order.
Count: the period from 1 April to 15 July is more than three months by about two weeks. Time spent obtaining the copy, from 1 April to 20 April, is 19 days, and it is excluded.
After excluding 19 days, the time used is less than three months, so the appeal is within time.
Under Section 36(3), the High Court may take expert assistance and its decision is final.

Answer: The appeal is in time once the 19 days taken to get the copy are excluded under Section 36(2). The High Court's decision is final under Section 36(3).

Exam tips

Write the five grounds of Section 19(1) in a list. Examiners look for all five.
Always contrast Section 19 cancellation with Section 31 rectification, citing Section 31(5).
In appeal questions, give three things: High Court, three months, copy time excluded.
For Section 46, quote the idea of security of India with its Explanation, and state it is Government notification that triggers cancellation.
Finish every problem answer with a one-line conclusion, as ICSI style expects.

Practice questions from Law relating to Designs

Cancellation, Appeals and Miscellaneous Provisions in other exams

The same ground in other exams, if you are preparing for more than one or want another angle on it.

Cancellation, Appeals and Miscellaneous Provisions: frequently asked questions

Who can file a petition for cancellation of a registered design?

Any person interested can file it with the Controller under Section 19(1). A competitor who would be affected by the design is a typical example. The petition can be filed at any time after registration.

What are the grounds for cancelling a design under Section 19?

There are five: previous registration in India, publication in India or elsewhere before the registration date, lack of newness or originality, the design not being registrable under the Act, and it not being a design as defined in Section 2(d).

Where do I appeal against the Controller's order under the Designs Act?

The appeal lies to the High Court. Under Section 36, it must be made within three months of the order, excluding time taken to obtain a copy. The High Court's decision is final.

What is the difference between cancellation and rectification?

Cancellation under Section 19 removes a design's registration on specified grounds. Rectification under Section 31 corrects entries in the register. Section 31(5) says the rectification power does not allow the Controller to cancel a registration as provided in Section 19.

What does Section 46 of the Designs Act do?

It protects the security of India. The Controller must not disclose information he considers prejudicial to it, and must take cancellation action that the Central Government specifies by notification.