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Designs Act, 1911

51A. Cancellation of registration

(1) Any person interested may present a petition for the cancellation of the registration of a design -

(a) at any time after the registration of the design to the High Court on any of the following grounds namely -

(i) that the design has been previously registered in India ; or

(ii) that it has been published in India prior to the date of registration; or

(iii) that the design is not a new or original design; or

(b) within one year from the date of the registration to the Controller on either of the grounds specified in sub-clauses (i) and (ii) of clause (a).

(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.

Design Act, 1911 Back

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