Designs act 2000

mehul dave (Querist) 11 November 2014 This query is : Resolved
resp. sir(s),
i am a practicing advocate. my query is as follows:
when we apply for the registration of any engineering product under the designs act 2000, we pay the requisite fees and then we get its acknowledgment wherein date of application and it's number is given.
we get the certificate of registration after a year or two. under the circumstances my question is that .....
after applying for the registration if any other person attempts to copy our design which is pending registration and tries to sell that product in market what protection we get against this? further how to prevent that other person from selling that product in market?

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Anirudh (Expert) 11 November 2014
You have to first issue a legal notice asking the person concerned to cease and desist from using your design.

If he does not heed the legal notice, then after expiry of the notice period, you have to file a suit for permanent injunction, based on the application for design already filed by you.

Guest (Expert) 11 November 2014
AN Good advise.

Rajendra K Goyal (Expert) 11 November 2014
Agree with the expert Anirudh.

mehul dave (Querist) 13 November 2014
thank you so much sir(s)

mehul dave (Querist) 16 January 2015
Sir(s),
As per your guidance,I have filed a civil suit for permanent injunction.
Now I have to argue for temperory injunction. I am looking for citations of hon'ble high courts and hon'ble supreme court on the issue.
Plz help me

mehul dave (Querist) 19 January 2015
Sir
Plz give me citations on the issue

Designs act 2000

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