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Infringement of a Registered Design - Coggle Diagram
Infringement of a Registered Design
1. Identify the Infringement
Unauthorized use of the design
(manufacturing, selling, importing, or offering for sale) without permission.
Substantially identical design:
If the infringing design creates the same overall impression on the informed user, it is considered an infringement.
2. Cease and Desist Letter
The letter should include details of the registered design, the infringement, and a demand for the infringer to stop using the design.
Typically sent
within 1-2 weeks
of identifying the infringement.
3. Civil Action in Court
If the Cease and Desist letter does not lead to resolution, the next step is to file a civil lawsuit in the appropriate court.
File a suit in the district court or commercial court with jurisdiction over intellectual property matters.
Remedies
Damages
Monetary compensation for the losses suffered due to the infringement.
Account of Profits
A claim to the infringer’s profits made from the unauthorized use of the design.
Injunction
A court order prohibiting the infringer from continuing the infringement (either temporary or permanent).
Destruction or Seizure of Infringing Goods
Request the court to order the destruction or seizure of goods that infringe the design.
4. Interim Relief
In urgent cases, you may seek interim relief from the court, which can grant temporary orders while the case is being heard.
5. Criminal Action (In Case of Willful Infringement)
(Section-22)
In cases of
willful infringement
(where the infringement is done deliberately), the design owner may file a criminal complaint.
The infringer may face
imprisonment for up to 3 years or a fine of up to ₹2 lakh
, or both
6. Settlement or Mediation
In some cases, the parties may agree to settle the matter through negotiation or mediation, avoiding the need for a prolonged legal battle.
7. Final Resolution
Once the case is decided (either in favor of the design owner or the infringer), the remedies ordered by the court are enforced.