Powers and Duties of the Controller of Designs — Intellectual Property Rights II Notes

Powers and Duties of the Controller of Designs

Every registration system needs a decision-maker, and for designs that is the Controller — in law, the Controller-General of Patents, Designs and Trade Marks. He is the gate that a design must pass through to be registered, and the judge who can later cancel a wrongly-granted registration.

The Controller — powers and duties

A. Who he is — s.3

Under s.3, the Controller-General of Patents, Designs and Trade Marks is the Controller of Designs, assisted by examiners and other officers.

B. Powers and duties

Examine and register designs; decide on novelty and compliance (ss.5, 9).
Refuse registration where conditions are not met (s.5) — refusal is appealable to the High Court.
Require amendments and correct clerical errors (s.8, s.29).
Cancel registration — s.19 on any of these grounds, on a petition:
- the design has been previously registered in India;
- it was published in India or abroad before the date of registration;
- it is not new or original;
- it is not registrable under the Act;
- it is not a design as defined in s.2(d).
Maintain the Register of Designs (s.10) and issue certified copies.
Powers of a civil court — summoning witnesses, receiving evidence, administering oaths (s.31).
Restore lapsed registrations and hear extension applications.

C. Duty to act judicially

Because his orders (refusal, cancellation) affect valuable rights, the Controller must act judicially — give notice, a hearing, and a reasoned order — and an appeal lies to the High Court (s.36).

Section 19(1): “Any person interested may present a petition for the cancellation of the registration of a design … 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 …”

In Simple Terms: The Controller examines, registers, refuses, amends and cancels designs, keeps the Register, and has civil-court powers. His key power is s.19 cancellation on five grounds; he must act fairly, and appeals go to the High Court.

🧩 WORKED EXAMPLE — cancelling a wrongly-granted registration

Facts. A competitor discovers that a registered design was actually published in a trade catalogue before its registration date.

Rule. s.19(1)(b) — a design published before the date of registration may be cancelled on a petition by any interested person.

Apply. The competitor files a cancellation petition; the Controller, after hearing the proprietor, finds prior publication and cancels the registration.

Conclusion. The Controller cancels the registration under s.19; the same grounds are available as a defence to a piracy suit (topic 4).

flowchart TD
    ROOT["Controller of Designs (s.3)"]:::root
    ROOT --> A["Examine + register / refuse (s.5, s.9)"]:::leaf
    ROOT --> B["Amend + correct errors (s.8, s.29)"]:::leaf
    ROOT --> C["Cancel registration on 5 grounds (s.19)"]:::leaf
    ROOT --> D["Keep Register (s.10); civil-court powers (s.31)"]:::leaf
    ROOT --> E["Appeal from his orders to the High Court (s.36)"]:::leaf
    classDef root fill:#FFF8DC,stroke:#000,stroke-width:1px,color:#000;
    classDef leaf fill:#E6F3FF,stroke:#1E3A8A,color:#000;
    linkStyle default stroke:#888,stroke-width:1px;

Case Laws

Bharat Glass Tube Ltd. v Gopal Glass Works Ltd. (2008) — cancellation for prior publication; the Controller’s role tested.

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