Soumen Sen, J.

This is an appeal under Section 36 of the Designs Act, 2000 from a decision of the Deputy Controller of Patents and Designs on 14th June, 2016 in respect of an application filed by the appellant under Section 19 of the Designs Act, 2000 for cancellation of the Registered Design No.196859.

2. The design in question was registered on 8th March, 2004 for the article "Cigarette Pack" in Class 27-06 in the name of Phillips Morris Products S.A., a corporation organized under laws of Switzerland.

3. The said application for cancellation was filed on 30th November, 2012.

4. The Controller has dismissed the said application.

5. The grounds stated in the petition for cancellation under Section 19 of the Designs Act, 2000 were:-

1. That the design was published in India or in any other country prior to the date of registration.

2. That the design is not a new or original design.

3. That the design is not registrable under the Designs Act, 2000. (hereinafter referred to as the "said Act")

6. The point here is this: the design is for a cigarette pack. There is apparently, prior published designs known to the world through prior publication based on German Patent Application No.