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Design Litigation support from our Design team, handled end-to-end as part of our Intellectual Property practice.
Pre-litigation notices are issued within 48 hours. Design infringement suits are filed within 7 to 10 business days. Interim injunction hearings are typically scheduled within 1 to 2 weeks of filing. Final trial and judgment typically takes 12 to 24 months in commercial courts.
We make legal and intellectual property filings seamless, secure, and fully transparent. Here is how we handle your assignment from start to finish:
Understand your goals, check eligibility, and draft the filing roadmap.
Collect required records and conduct compliance checks for errors.
Draft and submit applications to the registry within 48 business hours.
Monitor application progress and respond to office actions/objections.
Handover certified registrations and provide post-filing support.
Under Section 22 of the Designs Act, 2000, infringement occurs when any person applies a registered design or a fraudulent or obvious imitation of it to any article in the class in which the design is registered, without the consent of the registered proprietor.
Yes, the defendant can file a counter-claim for cancellation of the registered design on grounds such as prior publication, lack of novelty, or non-registrability. This is a common defense strategy in design infringement cases.
The Designs Act primarily provides civil remedies (injunctions and damages). Criminal prosecution is not directly available under the Designs Act, but related offences may be pursued under the Indian Penal Code in cases of fraud or counterfeiting.