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"DESIGN IS INTELLIGENCE MADE VISIBLE. IT MUST BE PROTECTED"
Design Cancellation
Design Cancellation
There is no concept of a Pre-Grant Opposition in the Design law of India, like in the case of Patents law. Hence, the Design law of India, on the lines of the Post-Grant Opposition in Patents Law, provides an opportunity for invalidating any Design only after Registration of such Design. The Registration of Design can be challenged by presenting a petition for the Cancellation of Design Registration on various grounds. The Registration of Design can be canceled in case if the design has been previously registered in India. Publication of a Design in India or any other country prior to the date of Registration can also lead to the Cancellation of Design Registration in India.