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

The Controller passes an order cancelling the registration of a design under section 19 on a petition by a competitor. The proprietor, Anil Ceramics, is aggrieved. Which statement is correct under the Designs Act, 2000?

An appeal lies to the High Court. Section 19(2) provides that an appeal shall lie from any order of the Controller made on a cancellation petition under section 19 to the High Court, so the order is not final and no appeal goes to the Central Government.

  1. ANo appeal lies, because the Controller's order is final
  2. BAn appeal lies to the High CourtCorrect
  3. CAn appeal lies only to the Central Government
  4. DAn appeal lies only to the Controller's own senior officer

Explanation

Section 19(2) says an appeal shall lie from any order of the Controller under that section to the High Court. The Controller's order is therefore not final, and the Central Government is not the appellate forum.

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