Scribd
Upload
31 views11 pages

Controller Powers Under Designs Act

The document outlines the powers and functions of the Controller under the Designs Act, 2000, detailing the appointment of the Controller, the process for substituting applicants, and the grounds for cancellation of design registration. It also covers the Controller's authority in maintaining the accuracy of the design register, exercising discretionary powers, and the ability to refuse registration based on public order. Additionally, it highlights the Controller's civil court powers and the process for correcting clerical errors.

Uploaded by

vijaykumar g
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
31 views11 pages

Controller Powers Under Designs Act

The document outlines the powers and functions of the Controller under the Designs Act, 2000, detailing the appointment of the Controller, the process for substituting applicants, and the grounds for cancellation of design registration. It also covers the Controller's authority in maintaining the accuracy of the design register, exercising discretionary powers, and the ability to refuse registration based on public order. Additionally, it highlights the Controller's civil court powers and the process for correcting clerical errors.

Uploaded by

vijaykumar g
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
You are on page 1/ 11

Powers and Functions of the

Controller under the Designs Act,


2000
An overview based on statutory
provisions and case law references
Section 3 – Appointment of
Controller and Officers
• This section establishes the Controller General of Patents, Designs, and Trade
Marks as the Controller of Designs. It empowers the Central Government to
appoint examiners and other officers to assist in administering the Act.
Section 8 – Power to Substitute
Applicants
The Controller can direct that a design application proceed in the name of a new
claimant if:
• The original applicant assigns their rights before registration.
• A joint applicant dies before registration.
• • Disputes arise among joint applicants. This ensures the rightful continuation of
the registration process.
Section 19 – Cancellation of
Registration
Any interested party may petition the Controller to cancel a registered design based
on:
• Prior registration
• Prior publication
• Lack of novelty
• Non-compliance with requirements
• Not qualifying as a design.
• Decisions are appealable to the High Court.
Section 30 – Registration of
Assignments and Transmissions
• The Controller updates the design register upon verifying the validity of a transfer
of rights through legal means.
Section 31 – Rectification of
Register
The Controller may:
• Add omitted entries
• Remove incorrect entries
• • Correct existing errors to maintain register accuracy.
Section 32 – Powers in Proceedings
Controller has civil court powers to:
• Receive evidence
• Administer oaths
• Enforce attendance
• Compel document production
• Issue commissions
• • Award costs.
Section 33 – Exercise of
Discretionary Power
• Before adverse use of discretionary power, the Controller must provide an
opportunity to be heard, ensuring fairness.
Section 34 – Seeking Directions
from the Central Government
• In case of doubt or difficulty, the Controller may seek directions from the Central
Government.
Section 35 – Refusal to Register
Designs
• Controller may refuse registration if a design is contrary to public order or morality.
Decisions are appealable.
Correction of Clerical Errors
The Controller can correct clerical errors in:
• Representation of design
• Proprietor's name/address
• • Register entries upon request and fee.

You might also like