Search this article on Google: Understanding Design Infringement Law, Legislation and Guidelines in India
Design infringement relates to the unauthorized use or imitation of a registered design that is the intellectual property of someone else. In India, the rights related to the designs are protected under The Designs Act, 2000 and The Designs Rules, 2001.
1. The Designs Act, 2000: The Act provides for the registration and protection of industrial designs in India. The main objective of this act is to protect new or original designs so created as to be applied or applicable to particular articles to be manufactured by industrial processes or means.
2. The Designs Rules, 2001: These rules provide guidelines for implementing the provisions of the Designs Act, 2000. This includes procedural aspects such as filing for registration, examination of applications, opposition proceedings, renewal, and cancellation of registration.
Understanding Design Infringement Law in India:
The Designs Act, 2000 mandates that to receive protection in India, a design should be new or original, relate to features of shape, configuration, pattern or ornament applied to an article by an industrial process, and should be registered.
In case a registered design is infringed upon, legal action can be taken as per the provisions under the Designs Act, 2000. Infringement of a design can occur when anyone uses a fraudulent or obvious imitation of the design applied to any article in the same class for manufacturing without the consent of the registered proprietor.
Proving design infringement can sometimes get complex due to issues like determining similarity between the designs, understanding whether the design is applied in the same class of articles, and so on. Hence, it is always advisable to consult with legal experts to handle design infringement issues.
Furthermore, Indian courts have often asserted that ‘minor variation’ would not save one from an allegation of infringement. Punishment for design infringement ranges from a fine (up to INR 25,000 per offence) to imprisonment (up to six months), or both. Repeat offences attract harsher penalties.
The government has also established Intellectual Property Appellate Board (IPAB) to hear appeals against the decisions of the Controller General of Patents, Designs, and Trade Marks, contributing to the robust mechanism of remedies against design infringement.
In conclusion, when creating a new design in any industry it is important to be aware of these laws and guidelines on design registration and infringement to ensure your intellectual property is protected and you are not unknowingly infringing on someone else’s rights. Consulting with a legal expert can significantly help in navigating through this complex yet crucial aspect of business and innovation.
Also, it is worth noting that India is signatory to the Paris Convention for Protection of Industrial Property which provides for protection of industrial property rights including designs across member countries. Hence, understanding international treaties and conventions becomes equally important in this globalized era.