Cancellation of registration
Section 19 of the Designs Act, 2000 deals with cancellation of registration. Any person interested may present a petition for the cancellation of the registration of a design at any time after the registration of the design, to the Controller on any of the following grounds, namely:-- (a) that the design has been previously registered in India; The Act came into force on 11 May 2001.
(1) Any person interested may present a petition for the cancellation of the registration of a design at any time after the registration of the design, to the Controller on any of the following grounds, namely:--
(a) that the design has been previously registered in India; or
(b) that it has been published in India or in any other country prior to the date of registration; or
(c) that the design is not a new or original design; or
(d) that the design is not registrable under this Act; or
(e) that it is not a design as defined under clause (d) of section 2.
(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.
Section 19, The Designs Act, 2000 (Act 16 of 2000).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 2
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd.
Court's Decision & Legal Precedent
Judgment of Main Case order-13.pdf 2008-05-01 DATE VERIFIED. CA 3185/2008 (SLP(C) 16321/2006). A.K. Mathur / Altamas Kabir JJ. Isolate: Designs Act 2000 s.2(d) (design = features of shape/configuration/pattern/ornament applied to an article and judged by the eye), s.4 (no registration of a design that is not new or original or has been previously published in India or elsewhere), s.19 (cancellation). A prior German roller catalogue / UK registration does not cancel the Indian registration of the design as applied to glass sheets unless that design was previously applied to the same article. Do not pad s.11/s.22 (recited, not the holding). NEW central act.
On this section: Designs Act s.19 cancellation fails where the cited prior publication (German roller catalogue / UK registration) was not of the design as applied to the same article — here, glass sheets (Bharat Glass Tube).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Made under this section, and citing it
2 instruments name this provision in its title or its text without being made under it.
Questions about Section 19
What have the courts held on Section 19 of the Designs Act?
Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd. (01 May 2008) is the leading judgment on this section among those set out below: Designs Act s.19 cancellation fails where the cited prior publication (German roller catalogue / UK registration) was not of the design as applied to the same article — here, glass sheets (Bharat Glass Tube).
How do I find court cases under Section 19 of the Designs Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Designs Act 2000 19, section 19 Designs Act 2000, section 19 of the Designs Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Bharat Glass Tube Ltd. v. Gopal Glass Works Ltd. (01 May 2008).
What should I read with Section 19 of the Designs Act, and has it changed?
Its own text turns on section 2 (Definitions), so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. 2 instruments name it without being made under it, most recently The Designs (Amendment) Rules, 2014 (2014), then The Design Rules, 2001 (2001).
When did Section 19 of the Designs Act come into force?
Section 19 of the Designs Act, cited as Designs Act 2000 19, came into force on 11 May 2001, having been enacted on 25 May 2000. It is in force as at the date shown on this page.
Other sections of this Act
- 47. Power of Central Government to make rules897 words
- 44. Reciprocal arrangement with the United Kingdom and other convention countries or group of countries of inter-governmental organisations538 words
- 42. Avoidance of certain restrictive conditions521 words
- 30. Entry of assignment and transmissions in registers474 words
- 8. Power of Controller to make orders regarding substitution of application, etc464 words
- 2. Definitions458 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.