INDIRA BANERJEE, J. - (1.) THIS appeal is against an order dated 29 th May, 2009 passed by the respondent no. 1, whereby the application of the applicant for cancellation of the registration of a "box" being No.204030, dated 1 st May, 2006 under the Designs Act has been rejected.
(2.) THE grounds on which cancellation of the impugned design is sought are as follows: - (i) The impugned design had been published in India prior to date of registration. (ii) The impugned design is not new or original. (iii) The impugned design is not registrable under the Designs Act, 2000. (iv) The impugned design does not fall within the purview of design as defined in Section 2(d) of the Designs Act, 2000. v) The impugned design cannot be registered under Class 9 - 02 as a display cum dispenser box. Mr. Ranjan Bachawat appearing on behalf of the appellant submitted that the design of the "box" of which registration has been obtained by the respondent no.2 is common place and there is no originality or novelty in the same. In fact, six hexagonal pack boxes with display type outer were in the public domain much prior to registration of the impugned design. In the context of his argument Mr. Bachawat referred to a book titled Structures and Forms' in Paper Board Package Design, written by Harsh Pathak, published in 1996, long before the registration of the impugned design on 1st May, 2006, containing demonstrations of display boxes which were, according to Mr. Bachawat similar and/or identical. Mr. Bachawat argued that the book shows that the impugned design was in the public domain prior to its registration.
(3.) MR . Bachawat next argued that the boxes of the respondent No.2 bearing the self same design were published by the respondent No.2 itself in the Trade Fair held between 13th to 16th October, 2002 at Pragati Maidan, New Delhi. The design was thus published prior to registration.;