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

In a piracy suit filed in a District Court by a registered proprietor, the defendant pleads that the design is liable to be cancelled on a ground available under section 19. What happens under the Designs Act, 2000?

The suit is transferred by the court to the High Court for decision. Any ground on which registration may be cancelled under section 19 can be raised as a defence, and once it is raised, the Act requires the pending suit to move to the High Court.

  1. AThe District Court must dismiss the plea as not maintainable
  2. BThe suit is transferred by the court to the High Court for decisionCorrect
  3. CThe Controller alone decides the suit
  4. DThe suit continues in the District Court and the plea is ignored

Explanation

Section 22(3) makes every ground of cancellation under section 19 available as a defence. Section 22(4) then says that, despite the District Judge court limit, the court must transfer the suit or proceeding to the High Court for decision when such a ground is availed of.

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