Revocation of industrial designs
Practical utility coupled with aesthetic appeal influences the consumer in choosing a particular article of merchandise. Where the practical efficiency of any two given articles is the same, the visual appearance plays the decisive role.
The object of design law is to ensure that the originator or creator of a profitable and aesthetic design is not deprived of his reward as a result of unauthorised application of his design by others. This is achieved by protecting the novel designs that are applied to particular articles manufactured and marketed commercially.
When can the design be revoked?
Design law does not provide for opposition to the registration of designs. Hence, in order to protect the rights of bona fide designers, certain provisions for cancelling and altering the registered design have been incorporated in the Designs Act. After registering the design, any person can make a petition for its cancellation to the controller on the grounds that it:
