Applicable Laws & Procedure for Reporting Designs Infringement by a Foreign Individual or a Foreign Corporation in India: Legal Advice by FDI Attorney in India

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When a foreign individual or a foreign corporation believes that their design rights are being infringed upon in India then in that case it is important to understand the applicable laws and procedures for reporting and addressing designs infringement. Design infringement occurs when someone reproduces, sells, or imports a design that is identical or substantially similar to a registered design without the permission of the design owner. This article provides an overview of the applicable laws and procedures for reporting designs infringement by a foreign individual or corporation in India.

Applicable Laws:
The Designs Act, 2000: The Designs Act is the primary legislation governing the protection of designs in India. It provides legal protection to registered designs and grants exclusive rights to the design owner. The Act defines the requirements for design registration and outlines the remedies available for designs infringement.

Procedure to Report Designs Infringement:
1. Gather Evidence: The first step in reporting designs infringement is to gather evidence to support your claim. This may include copies of the registered design, records of creation or registration, evidence of ownership, and any evidence of the infringing activity, such as photographs, samples, or purchase receipts. Strong evidence strengthens your case and increases the chances of successful enforcement.

2. Consult with an Intellectual Property Attorney in India: It is advisable to consult with an intellectual property attorney who specializes in designs law in India. They can provide guidance on the best course of action and help you navigate the legal process. An attorney will review your evidence, assess the strength of your case, and advise you on the appropriate legal remedies available.

3. Cease and Desist Letter: Sending a cease-and-desist letter to the alleged infringer is often the first step in addressing designs infringement. The letter should clearly state the basis of your claim, provide evidence of the infringement, and demand that the infringing activities cease immediately. It may also request compensation for damages caused by the infringement. The letter should be sent by registered post or through a reliable courier service to ensure proof of delivery.

4. File a Designs Infringement Lawsuit: If the infringing activities persist despite the cease-and-desist letter or if the designs infringement involves substantial damages, you may consider filing a designs infringement lawsuit in an appropriate court. The lawsuit will seek legal remedies such as injunctions to stop the infringing activities, damages or compensation for losses incurred, and legal costs. Designs infringement lawsuits in India are filed before the District Courts or the High Court, depending on the jurisdiction and the value of the claim.

5. Working with the Designs Office: The Designs Office in India is responsible for the administration and registration of designs. While registration is not mandatory for design protection, it provides additional evidentiary value. You can submit evidence of designs infringement to the Designs Office, which can be used to support your legal actions. The Designs Office can also issue a cease-and-desist order against the infringer, preventing them from further infringing activities.

6. Customs Recordation: If you anticipate that infringing products bearing your design may be imported or exported to or from India, you can record your design with the Indian Customs Authorities. This enables Customs officials to identify and seize infringing products at the border. The recordation helps in curbing the import or export of infringing products and provides an additional layer of protection for your design.

7. Mediation and Alternative Dispute Resolution: In cases where parties may be willing to explore settlement or alternative dispute resolution options, mediation can be pursued. Mediation is a voluntary and confidential process facilitated by a neutral third party who helps the parties reach a mutually acceptable resolution. Mediation can be less time-consuming and costly compared to litigation and can help preserve business relationships between the parties involved.

8. Injunctions and Damages: In designs infringement lawsuits, the court may grant an injunction to prevent further infringing activities.

The entire process involves a plethora of actions and safeguards to be adopted with the assistance of a seasoned Attorney in India.
Authored By: Adv Anant Sharma

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