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Design Rectification

Design Rectification in India

Section 19 of the Indian Design Act 2000 provides for rectification of a registered design in India. A petition can be filed anytime after the registration of a design on Form 8 with the Controller General of Patents, Designs and Trademarks (CPTDM) along with the official fees of INR 1500/- on grounds provided under section 19 of The Design Act 2000.

Design Cancellation in India at INR1500*

Cancellation of a Registered Design

Section 19 of the The Designs Act 2000 provides for grounds of cancellation of a registered design as under.

(1) Any person interested may present a petition for the cancellation of the registration of a design at any time after the registration of the design, to the Controller on any of the following grounds, namely:-
(a) that the design has been previously registered in India; or
(b) that it has been published in India or in any other country prior to the date of registration; or
(c) that the design is not a new or original design; or
(d) that the design is not registrable under this Act; or
(e) it is not a design as defined under clause (d) of section 2.
(2) An appeal shall lie from any order of the Controller under this section to the High Court, and the Controller may at any time refer any such petition to the High Court, and the High Court shall decide any petition so referred.

The Design Act, 2000 can be accessed here.

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