Design act

This query is : Resolved 
 


Querist : Anonymous (Querist)
02 June 2020

Jurisdiction to file suit for infringement of registered design is at the place where copycats are manufacturing and/or selling the obvious imitations; which is inconvenient and/or not cost effective. Is any legal way out to cure the situation?


Rajendra K Goyal (Expert)
02 June 2020

A civil action enforcing a registered design can be filed before the district court where the defendant resides or conducts business or where infringement has taken place.

Raj Kumar Makkad (Expert)
02 June 2020

Unlike Trademarks Act and Copyright Act, which provide supplementary provision (in addition to Section 20 of CPC) of filing a suit at the place where the person instituting the suit voluntarily resides or carries on business or personally works for gain, the Designs Act does not provide such a provision. The applicable provision for territorial jurisdiction would be Section 20 of CPC (at the place where defendant resides or carries on business or where the cause of action has arisen). The jurisdiction can be caused on the basis of business being carried out by the Defendant virtually as well.

Dr J C Vashista (Expert)
03 June 2020

The court where cause of action or part cause of action has arose, which includes where infringment has occured, plaintiff got the copyrights registered, corporate office of the plaintiff and/or defendant.

P. Venu (Expert)
03 June 2020

What is the nature of infringement? How it has come to your notice? In short, what is the cause of action?

Rajendra K Goyal (Expert)
03 June 2020

The case against the infringement of design can be filed where the infringement occurred. You can proceed accordingly.

Raj Kumar Makkad (Expert)
03 June 2020

Why there is a change in the reply of Mr. Goyal? Two contradictory replies in the same post????

Rajendra K Goyal (Expert)
04 June 2020

No contradiction in the reply.

Raj Kumar Makkad (Expert)
04 June 2020

Earlier reply contains that the case can be filed before the district judge where defendants resides or carries on the business (though the lace wherein infringement has also taken place is there) but subsequent reply contains only one place where the infringement takes place so where have gone two other places viz. where the defendants resides and where defendants ordinarily carries on his business and third at the district court.

Rajendra K Goyal (Expert)
05 June 2020

Agree, full information was not typed. Noted.



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