Industrial DesignsInfringement and Remedies

By

Dr. Kalyan C. Kankanala,kalyan@bananaip.comurl: www.bananaip.com

Blog: www.bananaip.com/sinapse-blog

Copyright in Design

Term - 10 years

Extendable - 5 years

Suit after registration

Rights

Sale

Import for Sale

Publish or Expose for Sale

Piracy/Infringement

Exercises exclusive rights

Without authorization

During term

Within territory

Identical or Similar

Defenses

Grounds for Cancellation

Government use/Authorization

Design Misuse

Remedies

Damages

Injunction

Statutory damages Not more than 25, 000/- per contravention

Not more than 50, 000/- per design

Innocent Infringement

Marking

Not done

No notice to infringer

No penalty or damages

Jurisdiction

District Court

Cancellation defense - High Court

Cases

J.N. Electricals Vs. President Electricals

Electric ToasterAlleged design

Presence of linesStands different

Unwary purchaser - likely to be deceivedDeceptively similarPermanent injunction granted

Test

Judged solely by the eye

Substantial similarity

Protected as design - Shape, Configuration, etc.

Khadim Shoe Vs. Bata

Rubber slippers design

Advertised before filing

Prior publication

Registration cancelled

Marico Vs. Raj Oil Mills

Parachute cap

Competitor's caps dissimilar

No prima facie case

Injunction denied

Troikaa Vs. Pro

D-shaped tablets

Design registered

Similar tablets

Prima facie case

Injunction granted

Dart Industries Vs. Techno Plast and Ors.

Dart Industries Vs. Techno Plast and Ors.

Tupperware products

Prior publication

Validity questionable

Injunction denied

Thank You