- (1.) THIS is a motion for cancellation of the respondent's design on ceiling fans, bearing registered No 161219 dated 25th July 1989 erroneously mentioned as No. 161129 in the prayer portion.
(2.) THE application is made under the Designs Act of 1911. Large portions of the original Act. Being the Patents and Designs Act, 1911 were subsequently deleted so as to bring about a separate legislation for Patents, which is the Patents Act, 1970. The ground of cancellation of respondents design are prior registration and publication of the substantially similar design of the petitioner, both being, allegedly the same in their broad and essential aspects. The papers before me contain various copy photographs (quite unclear) of the designs of which registrations were obtained by petitioner in or about 1987. The respondent's registration is of 1989. However, neither a picture, nor a description of a design can ever substitute the substance itself containing the design. I have, therefore, directed the fan head, the blade and the canopy of the petitioner's prototype fan to be preserved as material Exhibits I and III and the fan head, blade cad canopy of the respondent's prototype fan to be preserved similarly as material Exhibits II and IV.
(3.) THE case was, with respect, excellently argued on both sides Mr. Samaresh Chakraborty appearing for the petitioner, and Mr. Biswarup Gupta for the respondents. I have had the advantage of the citation of many authorities and the best possible assistance that can be had from the Bar. The cancellation is to be had, if at all, under Section 51A of the Designs Act of 1911. It need not be reproduced, and it suffices to state that the High Court can at any time after its registration, cancel, upon a petition, of any person interested, a design, which has either been previously registered in India or has been published there or in cases where the design is neither new nor original.;