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

Pooja Ceramics sues Dev for piracy of its registered design and elects the contract-debt remedy for every contravention proved. Dev committed several contraventions in respect of that one design. Under the Designs Act, 2000, what is the position on the sum recoverable?

The proprietor can recover up to twenty-five thousand rupees for each contravention as a contract debt, but the total recoverable under this remedy for any one design cannot exceed fifty thousand rupees. To obtain more, the proprietor must instead sue for damages and an injunction.

  1. AUp to twenty-five thousand rupees per contravention, with the total for any one design not exceeding fifty thousand rupeesCorrect
  2. BUp to fifty thousand rupees per contravention, with no overall cap
  3. CUp to twenty-five thousand rupees in total, however many contraventions occur
  4. DUp to one lakh rupees per design, regardless of the number of contraventions

Explanation

Section 22(2)(a) allows a sum not exceeding Rs 25,000 for every contravention, recoverable as a contract debt. The first proviso caps the total recoverable for any one design under that clause at Rs 50,000. A proprietor wanting more must sue for damages and an injunction instead.

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