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

In a piracy suit filed in the court of a District Judge, the defendant pleads a ground on which the registration of the design may be cancelled under Section 19. What follows under Section 22 of the Designs Act, 2000?

The court must transfer the suit to the High Court for decision. Every ground on which registration may be cancelled under section 19 is available as a defence in a piracy suit, and when such a ground is used, the suit moves to the High Court.

  1. AThe plea is not available in infringement proceedings
  2. BThe District Judge must decide the cancellation plea finally
  3. CThe suit is transferred by the court to the High Court for decisionCorrect
  4. DThe suit is dismissed and the Controller cancels the design automatically

Explanation

Section 22(3) allows every ground of cancellation under section 19 as a defence. Section 22(4) then requires the court to transfer the suit or proceeding to the High Court for decision, notwithstanding the District Judge limit. The first option contradicts sub-section (3).

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