THE DESIGNS ACT, 2000 (India) – Chapter VII





Powers of Controller in proceedings under Act

Subject to any rules in this behalf, the Controller in any proceedings before him under this Act s hall have the powers of a civil court for the purpose of receiving evidence, administering oaths, enforcing the attendance of witnesses, compelling the discovery and production of under documents, issuing commissions for the examining of witnesses and awarding costs and such award shall be executable in any court having jurisdiction as if it were a decree of that court.



Exercise of discretionary power by Controller

Where any discretionary power is by or under this Act given to Controller, he shall not exercise that power adversely to the applicant for registration of a design without (if so required within the prescribed time by the applicant) giving the applicant an opportunity of being heard.



Power of Controller to take directions of the Central Government

The Controller may, in any case of doubt or difficulty arising in the administration of any of the provisions of this Act, apply to the Central Government for directions in the matter.



Refusal to register a design in certain cases

(1) The Controller may refuse to register a design of which the use would, in his opinion, be contrary to public order or morality.
(2) An appeal shall lie to the High Court from an order of the Controller under this section.



Appeals to High Court

(1) Where an appeal is declared by this Act to lie from the Controller to the High Court, the appeal shall be made within three months of the date of the order passed by the Controller.
(2) In calculating the said period of three months, the time (if any) occupied in granting a copy of the order appealed against shall be excluded.
(3) The High Court may, if it thinks fit, obtain the assistance of an expert in deciding such appeals, and the decision of the High Court shall be final.
(4) The High Court my make rules consistent with this Act as to the conduct and procedure of all proceedings under this Act before it.