Industrial Designs Act, 2001
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Right to apply to court for rectification of register. |
33.—(1) An aggrieved person may apply to the High Court for an order for the rectification of the Register by the making of an entry in the Register or the variation or deletion of an entry in the Register. | |
(2) For the purposes of this Act “a rectification of the Register” under this section shall include— | ||
(a) entering any change in the name or address of a person who is entered on the Register, or | ||
(b) entering a disclaimer or memorandum on the Register relating to a registered design which does not in any way extend the rights given by the existing registration of such design. | ||
(3) The High Court may, in proceedings under this section, decide any question that it may be necessary or expedient to decide in connection with the rectification of the Register. | ||
(4) Notice of an application under this section shall be given in the prescribed manner to the Controller and the Controller shall be entitled to appear and be heard by the High Court, and shall appear if so directed by the High Court in any hearing held for the purposes of this section. | ||
(5) Unless otherwise directed by the High Court, the Controller may, in lieu of appearing and being heard by the High Court, submit to the High Court a statement in writing, signed by him or her, giving particulars of: | ||
(a) the proceedings before him or her in relation to the matter in issue, | ||
(b) the grounds of any decision given by him or her, | ||
(c) the practice of the Patents Office in like cases, if any, and | ||
(d) such matters relevant to the issues and within his or her knowledge as Controller as he or she thinks fit, | ||
and that statement shall be deemed to form part of the evidence in the proceedings. | ||
(6) An order made by the High Court for the rectification of the Register shall direct that notice of the order shall be served on the Controller in the prescribed manner, and on receipt of such notice the Controller shall rectify the Register in accordance with the terms of the order to which the notice relates. | ||
(7) In this section, “aggrieved person” shall include a person who is entitled to the design right in a registered design where that person would be entitled to apply for the invalidation of the registration of the design under subsection (3) of section 47 . |