The official fees for design cancellation in India is INR 1500/- for natural person, INR 3000/- for small entity* (eithr alone or jointly with natural person) and INR 6000 for others except small entity.
The official fees involved for filing petition for design cancellation in India are as under:
|S.no.||On what Payable||Official Fees (INR)|
|For natural person||For other than natural person either alone or jointly with natural person|
|For small entity*||For others except small entity|
|1||On petition for design cancellation||1500||3000||6000|
Design Cancellation – Enforcing Design Rights
Section 19 of the Design Act, 2000 provides for design cancellation and states that any person interested may present a petition before the Controller (CGPDTM) for rectification of registered design at any time after the same has been registered. The statutory provision under Section 19 also stipulates the grounds on which a person can present a petition for design cancellation in India.
The various grounds on which any person can file a petition for rectification of a design in India are as under:
- design has been previously registered in India; or
- design has been published in India or in any other country prior to the date of registration; or
- design is not a new or original design; or
- design is not registerable under this Act; or
- that it is not a design as defined under the Design Act
A person aggrieved by the order of the Controller for design cancellation can appeal against the same before the High Court and the Controller may at any time refer any such petition to the High Court.
The Fourth Schedule appended to the Design Rules, 2014 provides for the official government fees for design cancellation in India and the same can be accessed here.
*The Official fees for filing cancellation of design in India depends on the type of applicant. Professional Fees not included.
Read More: Design Rectification- Grounds in India
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