Chapter III - Copyright in Registered Designs
Section 19
Section 19: cancellation of design registration
A registration can be challenged after grant. Section 19 lets a person interested petition the Controller on stated grounds, including prior registration, prior publication and lack of novelty.
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Need advice on Section 19?
This article is for general information. Refer to the Designs Act, 2000 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(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) 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.
Introduction
The five grounds are statutory categories. Rule 29 of the Designs Rules, 2001 supplies the petition and response procedure; Form 8 is the petition form.
Key takeaways
Standing and timing
A person interested may petition after registration; section 19 does not set a fixed outer period.
Five grounds
The grounds cover prior Indian registration, prior Indian or foreign publication, lack of newness or originality, other non-registrability, and failure to meet section 2(d)'s design definition.
High Court review
A Controller order is appealable to the High Court; the Controller may also refer the petition there.
Match evidence to a ground
Identify the precise subsection (1) ground. For publication, preserve dated disclosure evidence; for earlier registration, capture the register entry and visual representation.
Petition and response
Rule 29 requires Form 8 with a statement of interest and facts. The proprietor can file a counter-statement and evidence under the rule's procedure.
Review the order
Section 19(2) gives a High Court appeal from the Controller's order and permits a reference by the Controller.
Practical checklist
Do
- Identify the exact section 19(1) ground.
- Preserve dated prior-publication or registration evidence.
- Check current Rule 29 forms and deadlines.
Avoid
- Do not assume every similar design justifies cancellation.
- Do not assume grant makes registration unchallengeable.
Glossary
- Person interested
- A petitioner able to demonstrate an interest in cancellation of the registered design.
Frequently asked questions
Can a registered design be cancelled?
Yes, on a petition by a person interested based on a section 19(1) ground.
Is there an appeal?
Section 19(2) provides appeal to the High Court.
Need help applying this provision to your situation?
Contact BizeneedLast updated 9 October 2026