Economic, Commercial and Intellectual Property Laws · Law relating to Designs

Copyright in Registered Designs and Piracy under the Designs Act, 2000

Updated 11 October 2026 · Fact-checked

When a design is registered, the proprietor gets copyright in it for ten years, extendable by five more (Section 11). Piracy under Section 22 means applying the design or an obvious imitation to articles for sale, importing them for sale, or publishing them for sale knowing they are pirated. Remedy: up to ₹25,000 per contravention, or a suit for damages and injunction.

Understand Copyright in Registered Designs and Piracy

A design protects the look of an article: its shape, pattern or ornament. Registration under the Designs Act, 2000 gives the registered proprietor a special right called copyright in the design. This is not the same as copyright in a book or film under the Copyright Act. It exists only because the design is registered, and it lasts only for a fixed period.

Under Section 11, the copyright runs for ten years from the date of registration. Before those ten years end, the proprietor can apply to the Controller in the prescribed manner and pay the prescribed fee. The Controller then extends the period for a second period of five years. So the maximum is fifteen years. If no extension is sought, the copyright simply ends when the ten years run out. Restoration under Section 13 is only a conditional possibility. It needs the Controller to be satisfied that the failure to pay the extension fee was unintentional and that there was no undue delay in applying. A long delay makes restoration doubtful.

The right is tied to the article. Under Section 6, a design is registered in respect of articles in a prescribed class. The proprietor can later register it for other articles in that class without being refused on the ground that it was earlier registered or published for the first article. But this later registration does not extend the copyright period beyond that of the first registration.

Piracy is the name for violating this right. Section 22(1) lists three acts that are unlawful while copyright exists: applying the design (or a fraudulent or obvious imitation) to an article in the registered class for sale without the proprietor's licence or written consent; importing such articles for sale without consent; and publishing or exposing for sale an article, knowing the design was applied without consent. The test is not exact copying. An obvious or fraudulent imitation is also caught.

The remedies are in Section 22(2). The proprietor can recover up to ₹25,000 per contravention as a contract debt, with a ceiling of ₹50,000 for any one design under this route. Or the proprietor can sue for damages and an injunction. Such a suit cannot be filed in any court below the District Judge.

Key rules to remember

Term of copyright (Section 11): 10 years from registration + 1 extension of 5 years = 15 years maximum; Extension needs an application to the Controller before the ten years expire, with the prescribed fee.
Three acts of piracy (Section 22(1)): (a) apply design or obvious imitation for sale; (b) import for sale; (c) publish or expose for sale knowing it is pirated; Applies only to articles in the class in which the design is registered, and only during the existence of copyright.
Summary recovery (Section 22(2)(a)): Up to ₹25,000 per contravention; total up to ₹50,000 per design; Recoverable as a contract debt. The ₹50,000 cap applies to this route only.
Suit route (Section 22(2)(b)): Damages + injunction; court not below District Judge; The proprietor chooses either the sum route or the suit route.
Defence and transfer (Section 22(3) and (4)): Any Section 19 cancellation ground is a defence; the case then moves to the High Court; Section 19 grounds include prior registration, prior publication, lack of novelty or originality, and not being a design under Section 2(d).
Restored design (Section 14(2)): No suit for piracy committed between lapse and restoration; Acts done while the registration had ceased to have effect cannot be sued upon.

How to solve Copyright in Registered Designs and Piracy questions

Use this order for any problem on design copyright or piracy. It mirrors the provision, facts, conclusion style ICSI expects.

1Check that the design is registered and that copyright still exists. Count ten years from registration, add five if an extension was applied for in time.
2Identify the article and its class. Piracy needs the design on an article in the class in which it is registered.
3Match the act to Section 22(1): applying for sale, importing for sale, or publishing or exposing for sale with knowledge.
4Check consent. A licence or written consent from the registered proprietor removes the piracy. Under Section 30(3), a licence is not valid unless it is in writing, embodied in an instrument with all its terms and conditions, and an application to register title is filed with the Controller within six months of execution (extendable by a further period of up to six months in aggregate). Under Section 30(5), an instrument that has not been entered in the register is not admitted in evidence to prove title or any interest unless the court, for reasons recorded in writing, directs otherwise.
5Check for gaps in time. If the design lapsed and was restored, acts in the gap cannot be sued upon (Section 14(2)).
6State the remedy: up to ₹25,000 per contravention (₹50,000 cap per design), or a suit for damages and injunction in a court not below the District Judge.
7Consider defences. A Section 19 ground raised by the defendant moves the case to the High Court (Section 22(4)).
8Write a clear conclusion that applies the law to the facts.

Quickest way: Four-question check for piracy problems

When to use it: Use when the question is a short fact pattern and you have limited time.

Is the design registered and is the copyright period still running?
Is the article in the registered class and does it carry the design or an obvious imitation?
Was it for sale, imported for sale, or exposed for sale with knowledge, and without the proprietor's consent?
If yes to all, quote Section 22 and give the remedy: ₹25,000 per contravention up to ₹50,000, or suit for damages and injunction.

Common mistakes in Copyright in Registered Designs and Piracy

Saying copyright in a registered design lasts for the author's life plus 60 years.
Students confuse design copyright with copyright under the Copyright Act.
Fix: For a registered design the term is ten years from registration, extendable once by five years (Section 11).
Stating the ₹50,000 cap as the limit on all remedies.
The two proviso limits are memorised without the route they belong to.
Fix: The ₹25,000 and ₹50,000 limits apply only to the summary recovery under Section 22(2)(a). A damages suit has no such cap.
Treating piracy as only exact copying.
Everyday meaning of copying is applied.
Fix: Section 22 also covers a fraudulent or obvious imitation of the design.
Ignoring the requirement of knowledge in clause (c).
All three clauses are treated alike.
Fix: Publishing or exposing for sale is piracy only if the person knew the design was applied without consent. Clauses (a) and (b) have no such wording.
Filing the suit in any civil court.
Court level is forgotten.
Fix: No suit under Section 22(2) may be instituted in a court below the District Judge. If a Section 19 ground is pleaded as defence, it moves to the High Court.
Claiming piracy for acts done during a lapse of registration.
Restoration is assumed to revive all rights from the start.
Fix: Section 14(2) bars suits for piracy committed between the date the registration ceased and its restoration.

Worked examples

Example 1

Ravi Textiles registered a floral design for bed sheets on 1 April 2018. It did not apply for extension. In 2030, Meera Home Linen sells bed sheets carrying an obvious imitation of the design. Can Ravi Textiles proceed against Meera under Section 22?

Show the solution

Provision: copyright in a registered design lasts ten years from registration, extendable once by five years if an application is made before the ten years expire (Section 11).
Facts: registration was on 1 April 2018, so ten years end on 1 April 2028. On the facts given, no extension was sought. Copyright therefore ended on 1 April 2028.
Analysis: Section 22 applies only during the existence of copyright. The 2030 sale is after the copyright ended, so Section 22 does not apply on these facts.
Restoration is only a conditional possibility under Section 13. The Controller must be satisfied that the failure to pay the extension fee was unintentional and that there was no undue delay in applying. The facts do not say that restoration was sought, and a gap stretching to 2030 would make it doubtful that there was no undue delay.

Answer: Copyright ended on 1 April 2028 with no extension, so Section 22 does not apply to Meera's 2030 sale and Ravi Textiles cannot proceed under it. Restoration under Section 13 would need an unintentional failure to pay the fee and no undue delay, which is doubtful on these facts.

Example 2

Kiran Appliances holds a registered design for electric kettles, with copyright running. Arjun imports 500 kettles bearing the design without consent and a retailer, Neha, knowing this, displays them for sale. Advise Kiran on liability and remedy.

Show the solution

Provision: Section 22(1)(b) forbids importing for sale, without the proprietor's consent, articles in the registered class with the design or an obvious imitation applied. Section 22(1)(c) forbids publishing or exposing for sale such articles with knowledge that the design was applied without consent.
Facts: Arjun imported kettles for sale, without consent. This falls under clause (b).
Neha knew of the lack of consent and exposed the goods for sale. This falls under clause (c).
Remedy: under Section 22(2)(a), Kiran may recover up to ₹25,000 for a contravention as a contract debt. The total recoverable in respect of this one design under clause (a) cannot exceed ₹50,000 in aggregate, however many contraventions or persons are involved.
Alternatively, under Section 22(2)(b), Kiran may elect to sue for damages and an injunction in a court not below the District Judge. The ₹50,000 cap does not apply to this route.
If Arjun or Neha pleads a Section 19 ground such as prior publication, the case is transferred to the High Court.

Answer: Arjun contravenes Section 22(1)(b) and Neha contravenes Section 22(1)(c). If Kiran takes the summary route under Section 22(2)(a), its total recovery for this one design cannot exceed ₹50,000 in aggregate, however many contraventions or persons are involved. Alternatively, Kiran may sue for damages and an injunction in the court of a District Judge or above, where the damages are not capped at ₹50,000.

Exam tips

Learn the numbers cold: 10 years, 5 years extension, ₹25,000 per contravention, ₹50,000 cap, District Judge. Examiners test these directly.
In a case study, name the clause of Section 22(1) that fits, not just the section.
Always check the copyright period and the class of article before concluding piracy.
Mention both remedy routes and say the proprietor elects one.
Close the answer with a firm conclusion, since ICSI marking rewards provision, analysis and conclusion.

Practice questions from Law relating to Designs

Copyright in Registered Designs and Piracy: frequently asked questions

How long does design registration last in India?

Copyright in a registered design lasts ten years from the date of registration. It can be extended once for five years if the proprietor applies to the Controller before the ten years expire and pays the prescribed fee. The maximum is fifteen years.

What is piracy of a registered design under Section 22?

It is doing any of three things without the proprietor's consent while copyright exists: applying the design or an obvious imitation to an article for sale, importing such articles for sale, or publishing or exposing them for sale knowing the design was applied without consent. It applies to articles in the registered class.

What is the penalty for piracy of a design?

The proprietor can recover up to ₹25,000 per contravention as a contract debt, with a total of up to ₹50,000 for any one design. Alternatively the proprietor can sue for damages and an injunction in a court not below the District Judge.

What is the difference between design and copyright?

A design protects the visual features of an article, such as shape or pattern, and the right arises on registration under the Designs Act, 2000 for ten years plus a possible five. Copyright under the Copyright Act protects original works like books, music and films and arises without registration.