Nature of Infringement

• Copying a registered design without authorization is considered design piracy.
  
• Infringement occurs when a design identical or deceptively similar is applied to an article.
  
• The infringing use must be for commercial or industrial purposes.
  
• The act violates the exclusive rights granted under the Designs Act, 2000.
  
• The design must be valid and in force at the time of infringement.
  

Immediate Actions by the Owner

• The owner should collect evidence such as product samples, photos, and advertisements.
  
• A cease-and-desist notice can be issued to the infringer demanding they stop use.
  
• Legal advice should be sought to assess the strength of the infringement claim.
  
• The registration certificate and publication record should be readily available.
  
• Timely action helps prevent further market loss and dilution of rights.
  

Legal Remedies Available

• The registered proprietor can file a suit for injunction and damages.
  
• The court may order the infringer to stop manufacturing, selling, or distributing the product.
  
• Compensation up to ₹25,000 per act of infringement may be claimed summarily.
  
• For higher damages, a regular civil suit must be filed in a district court.
  
• The court may also order seizure or destruction of infringing goods.
  

Jurisdiction and Procedure

• The case can be filed in a court having territorial jurisdiction over the matter.
  
• Proof of registration and evidence of copying must be submitted.
  
• The court may grant temporary relief through interim injunctions.
  
• Proceedings may involve examination of expert evidence and product comparison.
  
• A favorable order reinforces the owner’s exclusive rights.
  

Preventive and Strategic Measures

• Regular market monitoring helps detect infringement early.
  
• Registering the design in key markets reduces the risk of cross-border copying.
  
• Maintaining updated records and renewals strengthens enforcement.
  
• Publicizing the registered design deters potential infringers.
  
• Combining design protection with trademark or copyright increases legal scope.