Executive Summary
M/S. Nikhil Adhesives Ltd. appealed against an order by the Assistant Controller of Patents and Designs that allowed a cancellation application for their registered design. The core issue was whether the design, which was created while Mr. Saraswat (a director) was employed with the appellant company, could be considered prior publication when he later used it for his respondent company.
Practitioner Note
This case demonstrates the evidentiary and procedural standards applied in design matters before Calcutta High Court. Understanding the court's reasoning in M/S. Nikhil Adhesives Ltd. vs The Assistant Controller Of Patents and Designs & Anr. is valuable context for structuring arguments or assessing risk in similar proceedings.
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