Case Details:
The petitioners filed an Original Petition under Section 19 read with Section 4 of the Designs Act, 2000, seeking the cancellation of the registration of a design (Design No. 400027-001) granted to the first respondent by the fourth respondent. The petitioners argued that the Designs Act, 2000 does not explicitly oust the jurisdiction of the High Court, and thus, their petition for design cancellation should be maintainable before the court.
Arguments and Submissions:
Petitioners Argument:
The Designs Act, 2000 is not a complete code and refers to the Patents Act, 1970.
There is no express ouster of the court's jurisdiction in the Designs Act, 2000.
Compared other intellectual property acts (Trademarks Act, 1999, Copyright Act, 1957, Patents Act, 1970, and Geographical Indication Act, 1999) which allow for applications to be made to the High Court.
It would be unfair to direct the petitioner to Kolkata for cancellation when both parties are in Chennai.
Respondents' Argument:
The High Court is the appellate forum against the Controller's order under Section 19 of the Designs Act, 2000.
The court cannot act as a Controller and decide on the cancellation of registration.
Judgment:
The court held that the Original Petition is not maintainable as per Section 19 of the Designs Act, 2000, which mandates that petitions for cancellation of design registration be made to the Controller.
The court dismissed the petition but granted the petitioner liberty to move the jurisdictional Controller within 60 days, with instructions to the Controller to consider the application on its merits without delay.
Conclusion:
The High Court of Judicature at Madras dismissed the Original Petition for design cancellation, directing the petitioner to approach the Controller having jurisdiction. The court clarified that under the Designs Act, 2000, the jurisdiction for cancellation of design registration lies with the Controller, and an appeal from the Controller's order can be made to the High Court.
Case Citation:Mr. R Arun Vs Integray Health Care:11.07.2024 : OP (PT) No.2 of 2024: Madras High Court: P.B.Balaji: H.J.
Advocate Ajay Amitabh Suman
IP Adjutor [Patent and Trademark Attorney]
United & United
Email: amitabh@unitedandunited.com,
Ph no: 9990389539
IP Adjutor [Patent and Trademark Attorney]
United & United
Email: amitabh@unitedandunited.com,
Ph no: 9990389539
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