(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 registerable 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.
