Civil Remedies

• The registered proprietor can file a civil suit against the infringer.
  
• The court may grant an injunction to restrain the further use of the infringing design.
  
• The infringer may be ordered to pay damages or compensation.
  
• The court can direct the seizure and destruction of infringing goods.
  
• Interim relief measures such as temporary injunctions may be granted.
  

Statutory Relief

• Section 22 of the Designs Act, 2000 provides the legal basis for infringement action.
  
• A maximum of ₹25,000 may be awarded as compensation for each act of infringement.
  
• The total compensation recoverable under summary proceedings is limited to ₹50,000.
  
• The proprietor may opt for recovery of damages through regular civil litigation.
  
• The act provides for remedies without criminal prosecution.
  

Legal Jurisdiction

• The suit must be filed in a district court having jurisdiction over the matter.
  
• Higher courts may hear appeals or provide further directions.
  
• The registered owner must show proof of valid design registration.
  
• Jurisdiction is determined based on the place of infringement or defendant’s business.
  
• Courts may appoint local commissioners for evidence collection.
  

Burden of Proof

• The registered proprietor must establish ownership of the design.
  
• Proof of valid registration under the Designs Act is required.
  
• Evidence must show that the infringing design is identical or deceptively similar.
  
• Market records, product comparisons, and expert opinions may be used.
  
• The defendant may attempt to cancel the design to avoid liability.
  

Additional Actions

• The proprietor can seek a declaration of design ownership from the court.
  
• The infringer can be restrained from reproducing, importing, or selling infringing articles.
  
• A public apology or acknowledgment of infringement may be requested.
  
• Repeat infringements can lead to enhanced penalties or stricter injunctions.
  

Settlement or licensing agreements may be used to resolve the dispute.