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Designs Act, 1911 53. Piracy of registered design (1) During the existence of copyright in any design it shall not be lawful for any person - (a) for the purpose of sale to apply or cause to be applied to any article in any class of goods in which the design is registered the design or any fraudulent or obvious imitation thereof except with the license or written consent of the registered proprietor or to do anything with a view to enable the design to be so applied; or (aa) to import for the purposes of sale without the consent of the registered proprietor any article belonging to the class in which the design has been registered and having applied to it the design or any fraudulent or obvious imitation thereof; or (b) knowing that the design or any fraudulent or obvious imitation thereof has been applied to any article in any class of goods in which the design is registered without the consent of the registered proprietor to publish or expose or cause to be published or exposed for sale that article. (2) If any person acts in contravention of this section he shall be liable for every contravention - (a) to pay to the registered proprietor of the design a sum not exceeding five hundred rupees recoverable as a contract debt or (b) if the proprietor elects to bring a suit for the recovery of damages for any such contravention and for an injunction against the repetition thereof to pay such damages as may be awarded and to be restrained by injunction accordingly : Provided that the total sum recoverable in respect of any one design under clause (a) shall not exceed one thousand rupees. (3) When the court makes a decree in a suit under sub-section (2) it shall send a copy of the decree to the Controller who shall cause an entry thereof to be made in the Register of Designs.    |
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