Statutory Provision

• The penalty for design infringement is governed by Section 22 of the Designs Act, 2000.
  
• It provides for civil remedies only, not criminal punishment.
  
• The provision covers unauthorized application or imitation of a registered design.
  
• It applies to designs used for commercial purposes without the owner’s consent.
  
• The registration must be valid and in force at the time of infringement.
  

Monetary Penalty

• The infringer is liable to pay a sum of up to ₹25,000 for each act of contravention.
  
• The total recovery under summary proceedings is capped at ₹50,000.
  
• The registered proprietor may also choose to file a suit for damages.
  
• Higher compensation may be claimed through a regular civil court action.
  
• The court may consider the extent and duration of infringement when awarding compensation.
  

Injunctive Relief

• The design owner can obtain an injunction to stop further use of the design.
  
• A temporary or permanent injunction may be granted by the court.
  
• The infringer can be prohibited from manufacturing, selling, or importing the article.
  
• Violation of injunction orders may result in contempt of court proceedings.
  
• Injunctions are an effective remedy to prevent repeated infringement.
  

Additional Legal Remedies

• The court may order delivery or destruction of infringing goods.
  
• The infringer may be required to disclose accounts and profits earned.
  
• A declaration of ownership may be granted in favor of the registered proprietor.
  
• The infringer may be required to publish an apology or corrective statement.
  
• The court may issue directions to prevent further market circulation of infringing items.
  

Jurisdiction and Procedure

• Summary action may be initiated before the Controller of Designs for limited compensation.
  
• Civil suits for higher damages must be filed in a district court having jurisdiction.
  
• The registered owner must produce evidence of registration and infringement.
  
• Legal costs may also be awarded by the court in the owner’s favor.
  
• Proper recordkeeping and timely renewal are essential to enforce design rights.