Design Infringement in India

Under the Design Act of 2000 in India, if someone copies a registered design, the law considers it to be an Infringement of Design. Section 22 of the Designs Act, 2000 contains the provisions pertaining to the piracy of registered designs in India. Any false or evident replication of an existing registered design without the authorization of the owner of the registered design is illegal, according to Section 22 of the Design Act, 2000. It also prohibits a close resemblance to any product.

An infringement of a registered design occurs when someone imports, applies or publishes the registered design or any evident or fraudulent imitation thereof without the authorization of the design’s owner.

Only under the following circumstances do a person’s actions above become an Infringement of Design:

· During the existence of a Copyright in any Design, the Act is broken.

· If someone reproduces or applies the design without the permission of the registered owner or proprietor.

· A person copies the registered design for the aim of sale, not for personal or private use.

· Items that are infringing in nature, must be in the same class as the registered design.

To determine Design Infringement in India, the court or other adjudicatory body must look at the two items from the perspective of an average customer and see if they are producing any obvious confusion in the minds of the consumers.

LIABILITY OF INFRINGING PARTY

Section 22(2) of the Design Act, 2000 sets out the responsibilities of those who infringe on a design. It’s the same section that explains the Design’s registered owner’s options for redress. As a result, under Section 22(2) of the Act, the violating party is liable as follows:

1. Under Section 22(2)(a) of the Design Act, infringers must pay a fee of not more than Rs. 25,000/ (Rupees Twenty-five Thousand Only) for each breach. The total amount must be less than (but not more than) Rs. 50,000. (Rupees 50,000 only). The person recovers the amount displayed due to infringement.

2. The owner of a registered Design is vested with various rights under Section 22(2)(b), which include the ability to seek damages and hold the infringing party accountable.