CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Designs
During hearing of a cancellation petition against a registered design for a mechanical valve, the Controller feels the technical issues are complex. Which statement is correct under section 19?
The Controller may refer the cancellation petition to the High Court at any time, and the High Court then decides it. Section 19(2) gives this power without requiring Central Government approval or any additional fee.
- AThe Controller may at any time refer the petition to the High Court, which shall decide itCorrect
- BThe Controller must first obtain the Central Government's approval to refer it
- CThe Controller may refer it only after the petitioner pays double fees
- DThe Controller cannot refer it and must decide it himself
Explanation
Section 19(2) provides that the Controller may at any time refer any such petition to the High Court, and the High Court shall decide it. No government approval or extra fee is required. Option stating he must decide himself ignores this power.
Did you get it right without looking?
One question tells you little. A timed set on Law relating to Designs shows your real accuracy, how long you take and where you lose marks.
More Law relating to Designs questions
- The Controller passed an order on 1 March. The appellant received a certified copy of the order on 20 March, and the copy took 19 days to be…
- Arjun Imports brings into India a consignment of ceramic lamp bases bearing an obvious imitation of a design registered by Lakshmi Ceramics …
- Meera Textiles holds a registered design for a saree border pattern and its copyright in the design subsists. Rohan, without any licence or …
- Kavya Imports brings into India, for the purpose of sale, a consignment of lamp shades belonging to the class in which Anand Lighting has re…
- A design is registered for a component used in military vehicles. The Controller considers that disclosing information about its registratio…
- Meera Textiles of Surat holds a registered design for a saree border. Rohan, a rival trader, believes the design was already published in a …