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CS Professional · Intellectual Property Rights - Law and Practice · Industrial Designs

Vikram Auto Parts obtained registration of a bumper design. Later, Sunil proves that the same design had been published in a Japanese catalogue before the date of registration. Under the Designs Act, 2000, what can Sunil do?

Sunil can present a cancellation petition to the Controller. Section 19(1) allows any person interested to seek cancellation at any time after registration on the ground that the design was published in India or any other country before the registration date.

  1. ANothing, because foreign publication is irrelevant
  2. BPresent a cancellation petition to the Controller on the ground of prior publication in another countryCorrect
  3. CAppeal directly to the High Court against the registration without approaching the Controller
  4. DFile a petition only within one year of registration

Explanation

Section 19(1) lets any person interested petition the Controller at any time after registration for cancellation on grounds including that the design was published in India or any other country prior to the date of registration. An appeal from the Controller's order lies to the High Court, and there is no one-year limit.

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