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What is the penalty for the piracy of a registered Design?

What is the penalty for the piracy of a registered Design?

The penalty for the piracy of a registered Design to pay a sum not exceeding Rs. 25,000/- to the registered proprietor subject to a maximum of Rs. 50,000/- recoverable as contract debt in respect of any one design.

The registered proprietor may bring a suit for the recovery of the damages for any such contravention and for injunction against repetition of the same. Total sum recoverable shall not exceed Rs. 50,000/-as contract debt as stated in Section 22(2)(a).

The suit for infringement, recovery of damage etc should not be filed in any court below the court of District Judge.

Register of Designs – The Register of Designs is a document maintained by the Patent Office, Kolkata as a statutory requirement.

It contains the design number, date of filing and reciprocity date (if any), name and address of proprietor and such other matters as would affect the validity of proprietorship of the design and it is open for public inspection on payment of prescribed fee and extract from register may also be obtained on request with the prescribed fee.

Duration of the registration of a design – The term of a registered design is 15 years. Initially the right is granted for a period of 10 years, which can be extended, by another 5 years by making an application and paying a fee of Rs. 2000/- to the Controller before the expiry of initial 10 years period.

The proprietor of design may make application for such extension as soon as the design is registered.


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