The holder of the design can file the suit against any person who is responsible for the piracy of the design. Further, the infringer will be responsible to pay the specified amount of penalty for the piracy of the design.
With the registration of design the exclusive rights of acquiring, reproducing, publishing etc of design are granted to the applicant. In case any person without the authorization of the owners uses any of the rights given exclusively to the holder then such act accounts for the piracy of design. The holder of the design is empowered to file a suit against the infringer and recover the damages against it.The suit for infringement, recovery of damage etc should not be filed in any court below the court of District Judge.
The infringer of the design will be liable to pay the penalty for the piracy of a registered Design of 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.
