Describe the enforcement of Industrial Design Rights.
Answer:-
ENFORCEMENT OF DESIGN RIGHTS
- Once the applicant has been conferred with the rights over a specific Design, he has the right to sue the person (natural/entity) if the pirated products of his registered design are being used.
- He can file the infringement case in the court (not lower than District Court) in order to stop such exploitation and for claiming any damage to which the registered proprietor is legally entitled.
- The court will ensure first that the Design of the said product is registered under the Designs Act, 2000.
- If the Design is found not registered under the Act, there will not be legal action against the infringer.
- If the infringer is found guilty of piracy or infringement, the court can ask him to pay the damage (₹ 50,000/-) in respect of infringement of one registered Design.