Anand and Anand had filed a cancellation petition on behalf of B. Braun Melsungen AG, against registered design 208450, whose proprietor is Eastern Medikit Limited. Design number 208450 relates to a ‘Safety I.V. Cannula’
After two exhaustive hearings on 27th October 2016 and 14th February 2017, the Controller upheld the cancellation petition and canceled design number 208450.
The Controller held that when the impugned design is compared with the design features of the previously published designs, the fact that the overall broad features of shape and configuration of the impugned design is the same as that of earlier design, is given due consideration. In the current case, not only were the features same but also said features were identically arranged in the impugned design. Thus, the impugned design encompassed the shape and configuration of the prior design of IV cannula. The application of prior design in the respondent’s design was not original as the application of prior designs was made to same article. Hence the respondent’s design was not held as new or original, being in public domain before the date of registration. In view of such findings it was construed that the design is not new or original and not registerable.