Task-2

Submitted by-Mohd Rayyan

Legal Advice on Copyright and Design Infringement Case

Dear MR Cartier,
I hope you have been well. As you mentioned that you are a well known and
branded registered company, which manufactures valuable and precious jewellery. And
all these items have a unique design which is registered under Indian Copyright Act,
1957. The design of your ornaments is so unique and attractive that you have already
registered under the Design Act, 2000 and both the Acts protect your valuable items.

Mr. Cartier, you are the proprietor of the designs, and When a proprietor applies for the
registration of the design he shall automatically get ‘copyrights in design’ for the period
of 10 years from the date of registration. This period can be extended if the proprietor
wants to continue with the design.

Section 22 of the Designs Act, 2000 provides the provision related to the piracy of
designs registered in India. As per Section 22 of the Designs Act, 2000, fraudulent or
explicit copying of an already registered design without the consent of the owner or the
owner of the registered design is illegal.

No third party may copy your designs without your permission or right, as there is a risk
of infringement of designs, like other intellectual property. Infringement of design is an
illegal act to use a registered design, or fraudulent copying of a registered design without
authorization from the owner of such registered design. In such cases of infringement of
the design, the registered owner of the design can file a suit to recover a nominal amount
from the infringer as damages, and also ask the infringer to stop such infringement.

Legal Remedies for the infringement of the design:

● As per Section 22(2)(a) of the Design Act, 2000, the registered owner or
proprietor is required to pay an amount exceeding Rs 25,000 for every
contravention or contravention recoverable as contract debt. The total amount of
such amount, which is recoverable for one design, should not exceed Rs.50,000.
● As per Section 22(2)(b) of the Design Act, 2000, the registered owner or owner
may choose to bring a suit for recovery of damages, and may also seek injunction
 against repetition. In such a case, the infringing party is liable to pay such amount
by way of award given by the court and also prohibited by injunction respectively.
● Section 55 of the Copyright Act, 1957 provides for a Civil remedy which may be
obtained by the registered owner, wherein, if any person is knowingly infringing
such work which is covered by the Copyright Act, 1957, he shall be entitled to be
treated as claimed. By filing a suit for damages, accounting or injunction against
the person violating the right of the registered owner. And the registered owner
can also be entitled to such benefit which was obtained by the wrongdoer in the
course of using the infringing design of the registered owner.
● Section 63 of the Copyright Act, 1957 provides for Criminal remedies which can
be availed by the registered owner, if any person knowingly infringes or violates
the Copyright Act, 1957 or otherwise (meaning work connected to designs as
under the Act), such person shall be punished with imprisonment of a minimum of
6 (six) months or which may be extend to 3 (three) years, and shall also be liable
to fine which may extend to a minimum of Rs.50,000 to Rs 2,00,000.
● Section 63A of the Copyright Act, 1957 provides for punishment on Second and
subsequent offenses in which Criminal remedy can be availed by the registered
owner. Such punishment shall include imprisonment of the offender for not less
than 1(one) year which may extend to 3(three) years and also with a minimum fine
of Rs 1,00,000 which may extend up to Rs 2,00,000.