NATIONAL LAW INSTITUTE UNIVERSITY BHOPAL
Law relating to design and topography of integrated circuit
Piracy of Registered designs in India
SUBMITTED TO: - SUBMITTED BY:-
Prof. (Dr.) Ghayur Alam Himanshu Suryavanshi
NLIU, Bhopal 2010 B.A.LL.B. 17
Table of Contents
Introduction ...view middle of the document...
Section 22 of the Designs Act, 2000, lays down that the following acts amount to piracy:
(1) To publish or to have it published or expose for sale any article of the class in question on which either the design or any fraudulent or obvious imitation has been applied.
(2) To either apply or cause to apply the design that is registered to any class of goods covered by the registration, the design or any imitation of it.
(3) To import for the purpose of sale any article belonging to the class in which the design has been registered and to which the design or a fraudulent or obvious imitation thereof has been applied.
In fact any unauthorized application of the registered design or a fraudulent or obvious imitation thereof to any article covered by the registration for trade purpose or the import of such articles for sale is a piracy or infringement of the copyright in the design. The provisions of this section will only be applicable during the existence of copyright in design. It is necessary that the acts constituting piracy have been done for the purpose of sale and not merely for private or personal use. It is further required that the forbidden acts have been done in relation to any article in any class of goods in which the design is registered and not in relation to other class of goods.
2. Legal provision
22. 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 articles 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
(b) 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
(c) Knowing that the design or any fraudulent or obvious imitation thereof has been applied to any article in any class of articles 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.
2.1 During the existence of copyright in any design
The act of infringement shall be constituted during the existence of copyright in any design. Design act provide protection for ten years and on expiry of ten years and which is further extendable for 5 years upon application of proprietor. So after this period proprietor not entitled for protection of the design. Apart from that according to section 14(2) no suit or proceeding can be brought for piracy from date registration of design end to date of restoration.
2.2 For the purpose of sale