Piracy of Design- In nutshell
Test relating to Piracy:
Who can file the case?
Where to file the case?
Defenses against Infringement:
Liability: Section 22(2)
- In case of piracy of designs, the infringing party will have to bear the liability of compensating the original registered proprietor of the design to a sum of not exceeding more than Rs. 25,000/-. In case of a suit to be filed, the recoverable amount shall not exceed more than Rs. 50,000/-.
- The registered proprietor is also entitled to initiate a suit to recover damages and obtain an injunction against such repetition. However, these remedies are not exhaustive in nature, and courts have the discretion to broaden the remedies available under the Act. (Astral Polytechnik limited vs. Ashirvad Pipes Private Limited)
- Apart from the remedies mentioned above, the plaintiff will also be entitled to claim rendition of accounts or profit and delivery of infringing or pirated materials and destruction of materials. (Tobu Enterprises Private Limited vs. Joginder Metalworks)
Note: The limit to claim INR 50,000 for design infringement confines only where relief is claimed under Section 22(2)(a). There is no bar to claim pecuniary damages in case a suit is filed under Section 22(2)(b). in such cases, the power to award damages and compensations lies with the Court of competent jurisdiction and is solely based on evidence filed with the court. (In Steel bird Hi-tech India v. Asia Fibre Glass Products, the court granted damages up to Rs.96 lakhs to the plaintiff)