Industrial Designs Act, 2001
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Power of Controller to refuse registration. |
21.—(1) The Controller may refuse an application for the registration of a design— | |
(a) where the design is contrary to public policy or to accepted principles of morality, | ||
(b) on the application of the copyright owner or on the initiative of the Controller, where the design constitutes an infringement of a copyright work under the Copyright and Related Rights Act, 2000 , or | ||
(c) on the application of the person concerned by the use or on the initiative of the Controller, where the design consists of or includes any thing which would not be registered by virtue of section 9, 62 or 63 of the Trade Marks Act, 1996 . | ||
(2) Where an application for the registration of a design has been refused under subsection (1), the Controller may register the design in an amended form, where that form complies with the requirements for registration under this Act and the identity of the design is retained. | ||
(3) Where an amendment to an application for the registration of a design under this section is made the filing date of the application shall be retained. |