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39 2001

INDUSTRIAL DESIGNS ACT, 2001

Chapter 17

Proceedings before the Controller or the Courts

Exercise of discretionary powers of Controller.

80. —Where any discretionary power is, by or under this Act, given to the Controller, that power shall not be exercised adversely to an applicant for registration of a design or a registered proprietor of a design or to a party in proceedings before the Controller without that applicant, proprietor or party being given an opportunity of being heard as regards the exercise of that power.

Costs and security for costs.

81. —(1) The Controller may, in any proceedings before him or her under this Act, order the payment to any party of such costs (if any) as the Controller may consider reasonable and direct how and by what party they are to be paid, and any such order may, by leave of the High Court, be enforced in the same manner as a judgement or order of the High Court to the same effect.

(2) Where, under this Act, a party who neither resides nor carries on business in the State or in any other state which may be prescribed is a party to any proceedings before the Controller, the Controller or, in the case of any appeal, the High Court, may require that party to give security for the costs of the proceedings.

(3) Where a requirement under subsection (2) is not complied with, the Controller or, as the case may be, the High Court may treat the proceedings as abandoned.

Evidence before the Controller.

82. —In subsection (1) of section 92 (as amended by section 73 of the Trade Marks Act, 1996 ) of the Patents Act, 1992 (which relates to evidence in proceedings before the Controller under that Act or any other enactment), after “before the Controller (including proceedings under the Trade Marks Act, 1996 ”, there shall be inserted “, and the Industrial Designs Act, 2001” and the section as so amended is set out in the Table to this section.

TABLE

In any proceeding under this or any other enactment before the Controller (including proceedings under the Trade Marks Act, 1996 , and the Industrial Designs Act, 2001) evidence shall be given by statutory declaration in the absence of directions to the contrary, but in any case in which the Controller thinks it right so to do he may take evidence viva voce in lieu of or in addition to evidence by such declaration.

Costs of Controller in proceedings.

83. —In proceedings before the courts under this Act, the Controller shall not be awarded costs and shall not be ordered to pay the costs of any other party.

Appeals.

84. —(1) Except as otherwise provided by this Act, an appeal lies to the High Court from any decision or order of the Controller under this Act within the period of 3 months from the date of the decision or order of the Controller.

(2) An appeal from a decision of the High Court under this section shall lie to the Supreme Court on a specified point of law by leave of the High Court.