The purpose of the Designs Act, 2000 was to protect designer rights in India through official legal protection granted to industrial designs. The legislation protects original designs from being duplicated or reproduced without obtaining consent from either the designer or the registered design owner. Infringement of a registered design is a serious offence under the Act and can have significant legal and financial implications for the infringer. This article explores the concept of design infringement, the provisions under the Designs Act, 2000, and the legal remedies available to the registered proprietor.
What is Design Infringement?
Infringement of design refers to the unauthorized use, reproduction, or imitation of a design that is already registered under the Designs Act, 2000. A design, as defined under the Act, refers to the visual features of a product resulting from its shape, configuration, pattern, ornamentation, or composition of colors applied to an article. When a person applies or uses a design that is identical or substantially similar to a registered design without the permission of the registered proprietor, they are committing infringement.
The infringement may involve various activities, such as:
Applying a registered design or a fraudulent imitation to an article for sale.
Importing, selling, or offering for sale articles bearing an infringing design.
Publishing or exposing for sale any article that features an infringing design.
Provisions Under the Designs Act, 2000
The Designs Act, 2000 provides a clear framework for the protection of designs and remedies for infringement. Section 22 of the Act specifically deals with the piracy or infringement of registered designs. The key provisions under this section are:
1. Prohibited Actions (Section 22(1))
The Act prohibits the following activities:
Unauthorized application of a registered design: It is illegal to apply or cause to be applied a registered design (or any fraudulent imitation) to any article within the class of goods the design is registered for, without the consent of the registered proprietor.
Importation of infringing articles: The importation of articles for sale that bear an infringing design is prohibited.
Exposure or sale of infringing articles: Knowing that a design has been applied to an article in contravention of the registered design, it is illegal to publish, expose, or offer that article for sale.
2. Penalties for Infringement (Section 22(2))
A person who contravenes the provisions of Section 22 can be penalized in the following ways:
Monetary penalty: The registered proprietor can receive compensation from the infringer which cannot surpass ₹25,000. The registered proprietor can collect this payment through legal means as contract debt.
Damages and Injunction: The registered proprietor has the option to pursue a damages lawsuit while requesting an injunction against continued violations by the infringer. In such cases, the infringer may be required to pay the damages as determined by the court.
3. Court Jurisdiction (Section 22(2) & 22(3))
Legal actions for infringement must be brought before a District Court or a higher court. If the defendant challenges the validity of the design's registration, the case may be transferred to a High Court for resolution.
Additionally, any suit or legal proceeding may be contested on the grounds of cancellation of the design registration under Section 19 of the Act. If this defense is raised, the suit will be transferred to the High Court.
4. Recording of the Decree (Section 22(5))
Once a court rules in favor of the registered proprietor, a decree copy is communicated to the Controller of Designs and is entered in the register of designs so that the legal record will indicate what the court ruled.
Defenses Against Design Infringement
The Designs Act provides certain defenses that can be raised by the defendant in case of an infringement suit. These include:
Invalid Registration: A defendant can plead that the design is not validly registered. They can argue that the design is not new or original, or that it is not sufficiently distinctive, which are reasons for the cancellation of a design registration under Section 19 of the Act.
Non-application of Design: The defendant can plead that the design has not been used in any article in a way that violates the protection of the registered design.
Expiration of Design Protection: A defendant can plead that the registration of the design has lapsed or that the design is no longer eligible for protection under the Act on account of reasons like non-renewal of the design registration.
Legal Remedies for Design Infringement
Registered proprietors whose designs are infringed have several legal remedies available to them, including:
Injunction: A temporary or permanent injunction may be requested to stop the defendant from perpetuating the infringement.
Damages or Compensation: The owner can recover damages or compensation for the loss incurred because of the infringement. The amount of compensation can be fixed based on the losses caused by the infringement, such as loss of reputation, sales, or market share.
Destruction of Infringing Articles: The court may order the destruction or forfeiture of articles that are found to be infringing upon the registered design.
Criminal Action: In some cases, the infringer may be prosecuted under the Indian Penal Code if the infringement is deemed to be criminal in nature, though this is less common in design infringement cases compared to patent or trademark infringements.
Summing Up
India's Designs Act of 2000 offers strong legal protection for original designs which safeguards designers' intellectual property rights. The violation of a registered design constitutes a major legal offense and carries multiple forms of penalties which include financial compensation along with possible legal remedies such as damages and injunctions. When designers follow the Act's legal standards they secure their innovative designs against unauthorized use and piracy which leads to increased creativity and innovative growth throughout multiple industries.
The enforcement of design rights becomes essential for businesses aiming to protect their creative assets while maintaining their competitive market position.
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Infringement of Design under the Designs Act, 2000: FAQs
Q1. What is a registered design?
A registered design is the appearance of shape, configuration, pattern, ornamentation, or composition of color applied to an article, and the same is registered with the Controller of Designs in India.
Q2. How do I identify whether a design is registered?
You can verify the official register of designs kept by the Controller of Designs to ascertain whether a design is registered or not. This is possible through the official website or by contacting the Controller.
Q3. How is a design registered?
For enrolling a design, you should make an application to the Controller of Designs accompanied by descriptions and representations of the design. When examined, upon satisfaction of criteria of originality and novelty required, the design is registered.
Q4. How long is design protection?
The registration of a protected design continues for 10 years from the day of registration that can be further extended by a period of 5 years.
Q5. Can copies which are too near to a registered design amount to infringement?
Yes, where a design is likely to deceive or cause confusion between consumers by appearing too similar to a registered design, it is an infringement.
