Register Designs & Sue Infringing Brands

Copyright Infringement in India

Step-by-Step Guide for Indian Fashion Brands

Design Registration Process in India

Step 1: Ensure Your Design is Eligible

• Must be new & original (not published in India or globally before).

• Should have unique visual appeal (not just functional).

• Cannot include trademarks or copyrighted artwork (separate registrations needed).

Step 2: Conduct a Design Search

• Check the Indian Design Registry (https://ipindia.gov.in/) to ensure no similar design exists.

• Cost: Free (self-search) or ₹2,000–₹5,000 (via attorney).

Step 3: Prepare Required Documents

• Representations (clear images/drawings from all angles).

• Applicant details (business name, address, etc.).

• Brief statement of novelty (explaining uniqueness).

• Power of Attorney (if filed via an attorney).

Step 4: File the Application

• Online filing via IP India Portal.

• Fees:

  • Individual/Small Entity: ₹5,000

  • Large Company: ₹10,000

• Expedited Examination: Additional ₹5,000 (fast-tracked processing).

Step 5: Examination & Registration

• The Design Office examines the application (may request changes).

• If approved, the design is registered and published in the Designs Journal.

• Validity: 10 years (renewable for 5 more years).

II. Legal Action Against Design Infringement

Step 1: Gather Evidence of Infringement

• Compare registered design with the infringing product.

• Collect purchase receipts, website screenshots, advertisements, etc.

Step 2: Send a Legal Notice

• Draft a Cease & Desist Notice demanding the infringer stop selling the design.

• Cost: ₹5,000–₹15,000 (lawyer fees).

Step 3: File a Lawsuit (if needed)

• Where to File: District Court or High Court (if damages > ₹20 lakhs).

• Legal Remedies:

  • Injunction (court order to stop sales).

  • Damages (compensation for losses).

  • Destruction of infringing goods.

• Estimated Cost: ₹1–5 lakhs (depending on case complexity).

Step 4: Criminal Action (if fraud is involved)

• Under Sections 22 & 30 of the Designs Act, infringement can lead to:

  • Fines up to ₹50,000.

  • Imprisonment up to 1 year (for repeat offenders).

Key Takeaways

Registration Cost: ₹5,000–₹15,000 (depending on entity size).

Legal Action Cost: ₹5,000–5 lakhs (based on case severity).

Timeframe: Registration takes 6–12 months (without objections).

Enforcement: Strong legal protection under Designs Act, 2000.

Need Help? Consult an IP Attorney for smooth registration & litigation.

Note: This is for informational purposes only. Consult a legal expert for case-specific advice.