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

Meera Textiles in Surat holds a registered design for a saree border. Rohan, a competitor, believes the same pattern was published in a foreign catalogue before Meera's registration date. Before whom should Rohan first present his petition for cancellation?

Rohan should present the cancellation petition to the Controller. Section 19(1) lets any person interested petition the Controller at any time after registration, and prior publication in India or elsewhere before the registration date is a valid ground.

  1. AThe ControllerCorrect
  2. BThe High Court directly
  3. CThe Central Government
  4. DThe Registrar of Companies

Explanation

Under section 19(1), any person interested may present a petition for cancellation to the Controller. Prior publication in India or any other country before the registration date is a listed ground. Going directly to the High Court is not the first step; it comes through appeal or reference.

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