Chapter V - Legal Proceedings
Section 22
Section 22: Piracy of registered design
The section prohibits specified unauthorized commercial uses of a registered design and sets out monetary, injunction, defence and court rules.
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Need advice on Section 22?
This article is for general information. Refer to the Designs Act, 2000 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(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) If any person acts in contravention of this section, he shall be liable for every contravention—
(a) to pay to the registered proprietor of the design a sum not exceeding twenty-five thousand rupees recoverable as a contract debt, or
(b) if the proprietor elects to bring a suit for the recovery of damages for any such contravention, and for an injunction against the repetition thereof, to pay such damages as may be awarded and to be restrained by injunction accordingly:
Provided that the total sum recoverable in respect of any one design under clause (a) shall not exceed fifty thousand rupees:
Provided further that no suit or any other proceeding for relief under this sub-section shall be instituted in any court below the court of District Judge.
(3) In any suit or any other proceeding for relief under sub-section (2), every ground on which the registration of a design may be cancelled under section 19 shall be available as a ground of defence.
(4) Notwithstanding anything contained in the second proviso to sub-section (2), where any ground on which the registration of a design may be cancelled under section 19 has been availed of as a ground of defence under sub-section (3) in any suit or other proceeding for relief under sub-section (2), the suit or such other proceedings shall be transferred by the Court, in which the suit or such other proceeding is pending, to the High Court for decision.
(5) When the court makes a decree in a suit under sub-section (2), it shall send a copy of the decree to the Controller, who shall cause an entry thereof to be made in the register of designs.
Introduction
Section 22 identifies prohibited commercial application, import and sale exposure of a registered design or a fraudulent or obvious imitation. It also sets remedies, cancellation-based defences and a High Court transfer rule.
Key takeaways
Statutory scope
Section 22 identifies prohibited commercial application, import and sale exposure of a registered design or a fraudulent or obvious imitation. It also sets remedies, cancellation-based defences and a High Court transfer rule.
What to check
Verify that copyright in the design still exists and the accused article is in a registered class.
Apply the section
Verify that copyright in the design still exists and the accused article is in a registered class.
Identify the exact subsection (1) act and evidence of consent, imitation and sales purpose.
For a remedy, distinguish the capped contract-debt route from a damages-and-injunction suit.
Illustration
A seller importing articles bearing an obvious imitation for sale without proprietor consent raises the specific Section 22(1)(b) inquiry; the registration and article class must be checked.
Practical checklist
Do
- Preserve the registration, product samples, dates and consent record.
- Check Section 19 cancellation grounds before evaluating a defence.
Avoid
- Do not quote the clause (a) cap as a cap on every remedy under Section 22.
Frequently asked questions
Can validity be challenged in an infringement proceeding?
Section 22(3) makes Section 19 cancellation grounds available as a defence.
Which court handles the suit?
The statutory text bars relief proceedings below District Judge level and provides High Court transfer when a cancellation ground is raised as a defence.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026