INDIA Law and Practice Contributed by: Raj Ramachandran, Kartik Jain, Mannat Nirola and Anmol Mahajan, JSA Advocates & Solicitors
feit goods, may also attract criminal liability, includ - ing imprisonment and fines. Trade mark owners may additionally utilise customs recordation and border enforcement mechanisms to prevent the import of counterfeit goods. 7.3 Industrial Designs Design Protection Design protection in India is governed by the Designs Act, 2000. A design refers to the features of shape, configuration, pattern, ornamentation or composition of lines or colours applied to an article which, in the finished article, appeal to and are judged solely by the eye. To qualify for protection, a design must be novel and original and capable of industrial application. Pro - tection is not available for purely functional features, designs previously disclosed to the public, trade marks, artistic works protected under copyright law or subject matter contrary to public order or morality. A registered design is protected for an initial term of ten years from the date of registration and may be extended by a further period of five years. Registration Process Applications for design registration are filed with the Controller General of Patents, Designs and Trade Marks. Prior to filing, applicants typically undertake a design search to assess novelty. The design is clas - sified under the Locarno Classification system, and the application is filed together with representations of the design and prescribed supporting documents. The Designs Office examines the application for pro - cedural compliance and registrability, including nov - elty, originality and proper classification. Where objec - tions are raised, the applicant is required to respond within the prescribed period. Upon acceptance, the design is registered, a registration certificate is issued and the registration is published in the Designs Jour - nal. Enforcement and Remedies Unauthorised application of a registered design, or any fraudulent or obvious imitation thereof, to arti- cles within the registered class constitutes piracy of
a design under the Designs Act. Infringement also extends to the import, sale, publication or commercial dealing in infringing articles. Design rights are primarily enforced through civil pro - ceedings before the competent District Court or High Court. To succeed in an infringement action, the pro - prietor must generally establish valid registration and unauthorised copying or imitation of the registered design. Available remedies include interim and permanent injunctions, damages or an account of profits, seizure or destruction of infringing goods, recovery of litiga - tion costs and border enforcement measures under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 (“Enforcement Rules”). 7.4 Copyright Copyright Protection Copyright protection in India is governed by the Copy - right Act, 1957. Copyright subsists in original literary, dramatic, musical and artistic works, cinematograph films and sound recordings. Copyright arises automatically upon creation of an original work and does not require registration. How - ever, registration serves as prima facie evidence of ownership and is commonly relied upon in enforce - ment proceedings. The term of protection varies depending on the cat - egory of work, although for most literary, dramatic, musical and artistic works, copyright subsists for the lifetime of the author and 60 years thereafter. India is also a signatory to key international copyright treaties, including the Berne Convention. Registration Process Copyright registration is administered by the Copy - right Office. The applicant is required to file the pre - scribed application together with details of the work and supporting documents, including copies of the work and proof of ownership, where applicable. The Copyright Office examines the application for compliance with statutory requirements. Details of the application are published, following which a pre -
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