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In the journal publication of IPO, a company InnoSol Corporation found that a design is registered…

Section 19(1) of the Designs Act, 2000 allows "any person interested" to petition for cancellation on grounds that include that the design "has been published in India or in…

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In the journal publication of IPO, a company InnoSol Corporation found that a design is registered which is prejudicial to their business operation. The company therefore approached you for help in order to file a petition for cancellation of the registered design. In this context, which of the following statement(s)/ground(s) is/are applicable for such a petition?

1. Your client should be a person interested

2. The design has been published in some publication in USA and not in India prior to the date of registration

3. Design is not new or original

4. The design contains a property mark

Select one answer
Answer and explanation

Correct answer D

Section 19(1) of the Designs Act, 2000 allows "any person interested" to petition for cancellation on grounds that include that the design "has been published in India or in any other country prior to the date of registration", that it "is not a new or original design", and that it is not a design as defined in section 2(d). Section 2(d) excludes a property mark from the definition of design, so a design containing a property mark can be cancelled on that ground.

Publication abroad counts as well as publication in India, so all four statements apply.

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