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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.

  1. AThe Controller may at any time refer the petition to the High Court, which shall decide itCorrect
  2. BThe Controller must first obtain the Central Government's approval to refer it
  3. CThe Controller may refer it only after the petitioner pays double fees
  4. 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.

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