Relevant sections related to Piracy of registered design or infringement of copyright in registered designs and remedies available against Piracy of registered Designs in India.
The copyright in the design subsists for ten years from the date of registration, which can be extender for a period of five years.
The proprietor of the design gets exclusive right to apply the design to the article in a class in which the design is registered.
Piracy of registered design or infringement of copyright in registered designs
During the existence of copyright in the design, without license or written consent of the registered proprietor, following acts would be considered piracy of registered design under Section 22 of Indian Design Act:
for the purpose of sale to apply or cause to be applied, to any article in any class of articles in which the design is registered, the design or any fraudulent or obvious imitation thereof, or to do anything with a view to enable the design to be so applied;
to import such article for the purposes of sale;
to publish or expose or cause to be published or exposed for sale, that article.
This is pertinent to note that under the aforesaid circumstances a registered proprietor can institute a suit for injunction as well as recovery of damages against any person engaged in piracy of the registered design. Such legal proceedings can be instituted from the date of registration of design in India and till the expiry of copyright.
Remedies against Piracy of registered Design in India
A registered proprietor can institute a suit in a Court not below the District Court, for injunction and/or recovery of damages against any person engaged in the piracy of the registered design.
Mainly two alternative remedies are available against the piracy of registered design under Section 22(2) (a) and (b) of Indian Designs Act.
Person involved in piracy is liable to pay the registered proprietor of the design a sum not exceeding Rs 25,000 for every contravention recoverable as a contract debt. However the total sum recoverable in respect of any one design should not exceed Rs. 50, 000.
Proprietor may bring a suit for the recovery of damages for any such contravention, and for an injunction against the repetition. In case he succeeds, he will be entitled to recover such damages as may be awarded by the court and restrain the defendant in terms of the injunction granted by the court.
No suit or proceeding can be instituted in respect of piracy of the design wherein such piracy has been committed between the date on which the design ceased to have effect and the date of restoration of the design.