Cancellation of Registration and Infringement of Design

Any person at any time after the design gets registered by present petition to the controller may cancel the design of the owner based on several grounds mentioned in the provisions, if he gets satisfied then he can cancel any registered design easily.

The Design Act, 2000 also gave the protection to the registered designs under it, if any person uses it by the exclusive consent of the owner or without his permission so the owner can demand the compensation under the provisions and also make liable that person of the imprisonment and take the strict action that infringement or piracy.

Cancellation of Design Registration

It comes under section 19 of the act.

According to the provision says that any person at any time against any design may present the petition for the cancellation of registration in front of the controller. The person may cancel on the following grounds namely: –
That it has been previously registered in India; or,
That it has been previously published in India or any other country before the date of the registration; or,
That it is not new or original; or,
That it is not capable of being registered under the act; or,
That it did not fall under the definition of design acc. to section 2(d) of the act.

By satisfying any of the following ground, it can get cancelled by the controller and his decision shall be final.

The aggrieved party can also make an appeal within three months from the order of the controller to The High Court. The controller can also transfer any of the petition pending before him to The High Court.

Piracy or Infringement of Registered Design

It comes under section 22 of the act.

During the period of the protection, it shall be unlawful for the person to use the design without the written consent of the proprietor or the license on it. These are considered as piracy or infringement are: –
For the sale or to apply it on any article or classes of the article other than for which has been registered with the fraudulent intention; or,
To import for sale or to apply it on any other articles with the fraudulent intention; or,
Knowing that the design is of another person and still use it to publish in public or expose it for publication for sale with the fraudulent intention.

All the above-mentioned acts shall be considered as infringement or piracy.

Remedies

It comes under section 22 of the act.

If any person does infringement or piracy or any contravention of the provision of this act shall be liable for: –
To pay a sum of twenty-five thousand rupees to the proprietor; or,
If the proprietor brings the suit for the damages caused to him due to infringement, he can demand an injunction against the repetition and also get the damages payable to him which is awarded by the court.

The total sum of the recoverable compensation under clause (a) for one design shall not exceed fifty thousand rupees.

Every suit for damages related to the infringement of design has always been instituted in District Court or above it.

Every suit for this during the proceedings the defendant can take all the grounds of cancellation under section 19 as a defense are: –
That it has been previously registered in India; or,
That it has been previously published in India or any other country before the date of the registration; or,
That it is not new or original; or,
That it is not capable of being registered under the act; or,
That it did not fall under the definition of design acc. to section 2(d) of the act.

When any court makes a decree or order related to the infringement or piracy, the court shall send a copy of the order or decree to the controller to make an entry of it into his register of designs.