Design registration cancellation petitions must be filed before Controller under Section 19, not directly before High Court

The HC held that an original petition seeking cancellation of design registration was not maintainable. Under the Designs Act, 2000, Section 19 mandates that applications for cancellation must be filed before the Controller, not directly to the HC. This represents a departure from the earlier Designs Act, 1911, which allowed direct approach to the HC. The HC cannot exercise concurrent jurisdiction with the Controller when an appeal mechanism to the HC is already provided under Section 19(2). The petition was dismissed, directing the petitioner to approach the Controller with jurisdiction.

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Issues:
1. Maintainability of the Original Petition seeking cancellation of Design Registration.
2. Interpretation of the Designs Act, 2000 in relation to jurisdiction of the High Court.

Analysis:

Issue 1: Maintainability of the Original Petition
The Original Petition was filed seeking cancellation of the first respondent's Design Registration granted by the 4th respondent. The petitioner argued that the Designs Act, 2000 is not a complete code by itself and does not explicitly oust the jurisdiction of the Court. The petitioner contended that it would be unfair to direct them to go to Kolkata for seeking cancellation when both parties are in Chennai. On the contrary, the Central Government Standing Counsel argued that this Court cannot act as a Controller under Section 19 of the Designs Act, 2000. The judge considered the arguments from both sides.

Issue 2: Interpretation of the Designs Act, 2000
The judge analyzed the provisions of the Designs Act, 2000 in comparison to the earlier Indian Patent and Designs Act, 1911. Under the previous Act, interested persons could approach the High Court for cancellation of Design Registration. However, Section 19 of the Designs Act, 2000 mandates approaching the Controller for such cancellations, with an appeal available to the High Court. The judge noted the change in provisions and emphasized that the jurisdiction for cancellation now lies with the Controller, not the High Court. The judge also highlighted that other intellectual property enactments like the Trademarks Act, Patents Act, Copyright Act, and Geographical Indication Act provide for applications to be filed before the High Court, unlike the Designs Act.

The judge concluded that the specific provision in Section 19 of the Designs Act directs petitions for cancellation of Design Registration to be made before the Controller, making it clear that the High Court does not have jurisdiction in such matters. The judge dismissed the Original Petition, granting liberty to the petitioner to approach the Controller within 60 days. The Controller was instructed not to consider delay or limitation against the petitioner and to decide the application on merits after hearing all concerned parties.

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