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

The Controller passed an order on 1 March. The appellant received a certified copy of the order on 20 March, and the copy took 19 days to be granted after application. Under section 36, by when must an appeal to the High Court be made, ignoring leap-year details and counting in months?

The appeal must be made within three months of the date of the order, but the 19 days taken to grant the copy are excluded when calculating that period. Section 36(1) sets three months and section 36(2) excludes copy-granting time.

  1. AWithin three months of 1 March, with no exclusion
  2. BWithin three months of 1 March, excluding the 19 days taken to grant the copyCorrect
  3. CWithin six months of 1 March
  4. DWithin one month of receiving the copy

Explanation

Section 36(1) fixes three months from the date of the order. Section 36(2) excludes the time occupied in granting a copy of the order. So the 19 days are excluded from the three-month period. Option A ignores this exclusion.

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