Industrial Designs Act, 2001

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Invalidation of registration.

47.—(1) At any time after a design has been registered, any person with an interest may apply to the Controller for the invalidation of the registration of the design—

(a) on the ground that the design was not, at the filing date of the application for registration or, where priority is claimed, at the date of priority, registrable in accordance with sections 11 to 14,

(b) on the ground that the design was not registrable in accordance with section 16 , or

(c) on any ground on which the Controller could have refused to register the design under section 21 (1)(b),

and the Controller may make such order on the application as he or she thinks fit.

(2) At any time after a design has been registered, any person may apply to the Controller for invalidation of the registration on the ground that the design would be contrary to public policy or morality, and the Controller may make such order on the application as he or she thinks fit.

(3) The Controller may, on the application by a person so entitled for invalidation of the registration of a design on the ground that the person whose name is entered in the Register as the proprietor of the design is not entitled to be so registered, make such order as he or she thinks fit.

(4) The Controller may, on the application by a person so entitled, or on the initiative of the Controller, invalidate the registration of a design on the ground that the design is in conflict with a prior design.

(5) In this section, “prior design” has the meaning assigned to it by section 15 (2).

(6) The Controller may, on the application of any person so entitled for invalidation of the registration of a design on the ground that a distinctive sign which is registered as a trade mark under the Trade Marks Act, 1996 , has been subsequently used in the design, make such order as he or she thinks fit.

(7) The Controller may, on the application of the person concerned by the use for the invalidation of the registration of a design or on the initiative of the Controller, where the design consists of or includes anything which would not be registered by virtue of section 9 , 62 or 63 of the Trade Marks Act, 1996 , make such order as he or she thinks fit.

(8) For the purposes of this section, “a person so entitled” means—

(a) in respect of subsection (3), the person entitled to the design right;

(b) in respect of subsections (4) and (6), the holder of the conflicting right.

(9) A registration may be declared invalid after it has lapsed or after it has been surrendered in proceedings under section 46 .

(10) An invalidation under this section shall take effect from the date of registration or from such later date as the Controller may direct.

(11) Where a design has been invalidated under the provisions of subsections (1), (2), (6) or (7), 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.

(12) A registration under subsection (11) may be accompanied by a partial disclaimer by the registered proprietor or by entry in the Register of a court decision declaring the partial invalidity of the design right.