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

Meera Textiles of Surat holds a registered design for a saree border. Rohan, a rival trader, believes the design was already published in a foreign country before Meera's registration date. Under the Designs Act, 2000, what may Rohan do?

Rohan, as a person interested, can petition the Controller for cancellation at any time after registration. Publication in India or any other country before the registration date is a listed ground under section 19(1). No waiting period applies and the first forum is the Controller.

  1. APresent a petition for cancellation to the Controller, since prior publication in any country is a groundCorrect
  2. BWait for ten years from registration, as no petition is allowed earlier
  3. CFile a petition directly before the Supreme Court as the first forum
  4. DDo nothing, because only the Central Government can seek cancellation

Explanation

Section 19(1) allows any person interested to petition the Controller for cancellation at any time after registration. One ground is that the design was published in India or any other country before the date of registration. There is no waiting period, and the petition goes first to the Controller.

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