Rectification and Correction of the Register
Chapter Eighty-One
Syllabus topic 3.6, "Change in the Identity of Proprietor; Assignment; Surrender, Amendment; Corrections and other Changes, Cancellation"
Pages 347 to 351 of 683
In one line
Any person aggrieved may have a wrong entry made, expunged or varied, and the proprietor or a registered user may have a slip corrected.
Section 30: rectification
Section 30(1), the four grounds. Any person aggrieved by
- the absence or omission from the register of any entry;
- any entry made in the register without sufficient cause;
- any entry wrongly remaining on the register; or
- any error or defect in any entry in the register,
"may apply in the prescribed manner to the Appellate Board or to the Registrar, and the Appellate Board or the Registrar, as the case may be, may make such order for making, expunging or varying the entry as it may think fit".
Section 30(2). Either may, in any proceeding under the section, "decide any question that may be necessary or expedient to decide in connection with the rectification of the register".
Section 30(3), the own-motion power. Either may, of its own motion, "after giving notice in the prescribed manner to the parties concerned and after giving them an opportunity of being heard", make any order under section 30(1).
Section 30(4). An order of the Appellate Board rectifying the register shall direct that notice be served on the Registrar, who shall rectify accordingly on receipt.
The four grounds are word for word those in section 27(2) of the Geographical Indications Act and, apart from the forum, those in section 31(1) of the Designs Act. The three statutes were drafted from the same template.
Two things this section does that its siblings do not
One: cancellation sits in a different chapter and goes to a different body. The Geographical Indications Act puts cancellation and rectification in the same section, section 27(1) and (2). The Designs Act separates them, section 19 and section 31, and section 31(5) says expressly that rectification is not cancellation.
This Act separates them too, and puts them in different chapters. Rectification is section 30, in Chapter VII. Cancellation is section 41, in Chapter VIII, and it lies only to the Appellate Board. Like the rest of sections 32 to 53, section 41 has never been brought into force. Chapter 830 works section 41 out.
So there are two routes to removing a bad registration, and they are not the same.
| Section 30, rectification | Section 41, cancellation | |
|---|---|---|
| Chapter | VII | VIII |
| Who applies | Any person aggrieved | Any person |
| Forum | The Appellate Board or the Registrar | The Appellate Board only |
| Grounds | Entry absent, made without sufficient cause, wrongly remaining, or erroneous or defective | The layout-design is prohibited from registration under section 7; or an assignment or transmission is contrary to law |
| Partial relief | Vary the entry | Cancel part only, keeping the rest if it can still perform as a semiconductor integrated circuit, proviso to section 41(2) |
| When it takes effect | On the order | Back to the date the ten years under section 15 began, section 41(3) |
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