Designs Act, 1911
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 India ; or
(ii) that it has been
published in 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 section to the High Court and the Controller may at any
time refer any such petition to the High Court and the High Court shall decide
any petition so referred.