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Designs Act, 1911

64. Rectification of register

(1) The Controller may on the application in the prescribed manner of any person aggrieved by the non-insertion in or omission from the register of designs or any entry or by any entry made in such register without sufficient cause or by any entry wrongly remaining on such register or by an error or defect in any entry in such register make such order for making expunging or varying such entry as he thinks fit and rectify the register accordingly.

(2) The Controller may in any proceeding under this section decide any question that it may be necessary or expedient to decide in connection with the rectification of a register.

(3) An appeal shall lie to the High Court from any order of the Controller under this section; and the Controller may refer any application under this section to the High Court for decision and the High Court shall dispose of any application so referred.

(4) Any order of the Court rectifying a register shall direct that notice of the rectification be served on the Controller in the prescribed manner who shall upon the receipt of such notice rectify the register accordingly.

(5) Nothing in this section shall be deemed to empower the Controller -

(a) Omitted by Patents Act 1970.

(b) to make any such order canceling the registration of a design as is provided for in section 51A.

Design Act, 1911 Back

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