Piracy of designs has become a common practice in India, posing a crucial threat to the design industry for those who own original, registered designs. Protecting unique design characteristics is important in maintaining a competitive advantage. As brand recognition and consumer preference are often driven by visual elements. To safeguard brands from copying the look of a product, legal protection plays a pivotal role. Legal protection protects the investment made in product design and ensures the products’ distinct market identity. This blog examines what piracy actually means and the remedies available in cases of design piracy. It analyses the Designs Act 2000, which protects unauthorised use of original products and articles.
WHAT IS DESIGN?
Section 2(d) of the Designs Act, 2000:
Design means only the features of shape, configuration, pattern, ornament, or composition of lines or colours applied to any article, whether in two-dimensional or three-dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye.[1]
DESIGN REGISTRATION AND RIGHTS IN A REGISTERED DESIGN
Design registration in India refers to the legal process of obtaining exclusive rights and protection for the visual appearance of a product or article.[2]
Under section 5 of the Design Act, 2000, the Controller, on the application of any person claiming to be the proprietor of any new or original design not previously published in any country and which is not contrary to public order or morality, registers the design under the Design Act.[3] But, before registering a design, the Controller first examines the application made by the examiner.[4]
Under section 11 of the Design Act, 2000, when a design is registered, the registered proprietor of the design shall have copyright in the design for ten years from the date of registration.[5]The proprietor also has a right for extensions before the expiration of ten years; an application for the extension of the period of copyright is made to the Controller.[6]The Controller shall, on payment of a fee, extend the period of copyright for a second period of five years from the expiration of the original period of ten years.[7]
WHAT IS PIRACY?
Piracy of registered design:
Design piracy refers to the act of unlawfully reproducing a registered design without the consent of the original owner.[8] When any unauthorised person sells or manufactures the registered design for commercial purposes without having the right to do so, it constitutes an infringement of design rights.[9] Section 22(1) of the Designs Act of 2000 addresses the issue of piracy and specifies the circumstances that would constitute piracy.
- If 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.[10]
(b) If any import of a product 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.[11]
(c) If a person 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.[12]
REMEDIES AVAILABLE UNDER THE DESIGNS ACT, 2000
The inventors whose rights have been violated because of the issue of piracy can seek legal remedies under the Designs Act, 2000.
As per Section 22(2) of the Designs Act 2000, there are two main forms of remedies available to the owner of a registered design in cases of piracy:
- Monetary Compensation: According to section 22(2)(a), the infringer, in case of piracy, is required to pay to the registered proprietor of the design a sum not exceeding twenty-five thousand rupees recoverable as a contract debt. However, it is also important to note that the total sum recoverable in respect of any one design under clause (a) shall not exceed fifty thousand rupees[13]
- Legal Action for Damages and Injunction: Under Section 22(2)(b), if the registered proprietor elects to bring a suit for the recovery of damages for any contravention, and for an injunction against the repetition thereof, to pay such damages as may be awarded and to be restrained by injunction accordingly[14]
It is also important to note that no suit or any other proceeding for relief under this sub-section shall be instituted in any court below the court of a District Judge. This provision ensures that cases of design piracy are handled by courts with the appropriate jurisdiction.[15] In the case of Troikaa v. Pro Labs[16]The defendant was prohibited from manufacturing, marketing, and utilising tablets that closely resembled the plaintiff’s tablets. This decision was based on the fact that the plaintiff had registered the shape and configuration of their tablets under the Designs Act 2000.[17]
CONCLUSION
The Designs Act, 2000, is a decisive tool for protecting originality in a market driven by visual appeal. The Act clearly acknowledges that a design is a valuable commercial asset and that unauthorised copying amounts to an unfair exploitation of another person’s effort and originality. The legislation emphasises uniqueness at the basis of commercial integrity by defining “design” expressly and granting exclusive rights through registration. The provisions on piracy under Section 22 make it evident that the legislature has taken a strict view against copying original work. The Designs Act 2000 ensures that creativity is rewarded and prevents competitors from copying innovative, aesthetic designs and causing financial loss to the original creator. The Act treats designs as intellectual property that grants a competitive advantage. At the same time, it allows owners to maximise the commercial potential of their products. By requiring a design to be “new or original” and not previously published, the legislation encourages original and creative designs.[18]
Author(s) Name: Navneet
References:
[1] The Design Act, 2000 s2(d)
[2]Aishwarya Agrawal, ‘Design Registration in India’ (Lawbhoomi, 5 July 2023)
< https://lawbhoomi.com/design-registration-in-india/> accessed 16 January 2026
[3] The Designs Act, 2000
[4] ibid
[5] ibid
[6] ibid
[7] ibid
[8]‘Design Piracy Unveiled: Insights into Registered Design Theft’ <https://www.intepat.com/blog/design-piracy-unveiled-insights-into-registered-design-theft> accessed 15 January 2026
[9] Ketaki_p, ‘Piracy of registered Designs’
<https://www.legalserviceindia.com/legal/article-11621-piracy-of-registered-designs.html> accessed 15 January 2026
[10] The Design Act, 2000
[11] ibid
[12] ibid
[13] The Design Act, 2000, s 22(2)(a)
[14] Ibid, s 22(2)(b)
[15] ‘Piracy of Registered Design and Remedies’
<https://bytescare.com/blog/piracy-of-registered-design> accessed 16 January 2026
[16] Troikaa Pharmaceuticals Ltd v Pro Laboratories (P) Ltd and Anr [2009] AIR (NOC) 121 (Guj)
[17] ‘Piracy of Registered Design and Remedies’ (n 13)
[18] Akshi Seem, ‘Protecting the Look and Feel of Your Product under the Designs Act’ (maheshwariandco, 17 October 2025) < https://www.maheshwariandco.com/blog/design-protection-under-the-designs-act-2000/#:~:text=In%20contrast%2C%20the%20Designs%20Act,for%20an%20additional%20five%20years> accessed 16 January 2026
