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TMI Blog2024 (10) TMI 317X X X X Extracts X X X X X X X X Extracts X X X X ..... Court at any time after the registration of the Design. However Section 19 of the Act, 2000, now expressly mandates such person seeking cancellation of Registration of a Designs to approach the Controller alone and Section 19 (2) provides an Appeal to this Court from any order of the Controller including any matter to be referred to the Controller for decision of this Court. The provisions themselves permit an Application to be filed before the High Court. However, insofar as the Designs Act, even though the earlier Designs Act, 1911 enabled such Application to be filed before the Court, it has been taken away by the Designs Act, 2000 and by incorporation of Section 19, an Application for cancellation of Registration can be made only to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Government Standing Counsel for the fourth respondent. 4. The learned counsel for the petitioner, Mr.Ramesh Ganapathy would submit that the above Original Petition is maintainable before this Court. He would fortify his submission in this regard by stating that the Designs Act, 2000 (in short 'Act') is not a complete code by itself and it refers to the Patents Act, 1970. Further, he would submit that there is no express ouster of jurisdiction of the Court in the Designs Act, 2000. He would also draw a comparison with the Trademarks Act, 1999, Copy Right Act, 1957, Patents Act, 1970 and Geographical Indication (Registration and Protection) Act, 1999 in this regard. Lastly, he would submit that originally the Design Office was only i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 911 was in force. Section 51(A) of the said Act runs as follows:- 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 2 [India]; or (ii) that it has been published in 2 [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 s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the High Court, and the High Court shall decide any petition so referred. 9. Therefore, on a reading of the above, it is clear that there is a departure from the earlier provision viz., Section 51A of the Act, 1911 which enabled an interested person seeking cancellation to approach the High Court at any time after the registration of the Design. However Section 19 of the Act, 2000, now expressly mandates such person seeking cancellation of Registration of a Designs to approach the Controller alone and Section 19 (2) provides an Appeal to this Court from any order of the Controller including any matter to be referred to the Controller for decision of this Court. 10. In the light of the specific provision available in Section 19, directing a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on for cancellation of Registration can be made only to the Controller and an Appeal against the the order of the Controller is also made available by approaching this Court. When an appeal is also made available to the aggrieved party by approaching this Court, it cannot be said that this Court can exercise concurrent jurisdiction alongwith the Controller. Therefore, I do not find any merit in the arguments advanced by the learned counsel for the petitioner that the ouster has to be express and in the absence of an express ouster, it has to be implied that the jurisdiction of this Court is available to be exercised by this Court, including entertaining an Application under Section 19 for Cancellation of the Designs. 13. Though the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X
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