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

Sunrise Toys is found to have pirated a registered design owned by Bharat Playthings on one article, committing three separate contraventions. Bharat chooses the contract-debt remedy rather than a suit for damages. What is the maximum total recoverable for that one design under Section 22(2)(a)?

The maximum is Rs 50,000. Although up to Rs 25,000 is payable for each contravention as a contract debt, the proviso limits the total recoverable under that remedy for any one design to Rs 50,000. The proprietor can instead sue for damages and an injunction.

  1. ARs 75,000, being Rs 25,000 for each contravention
  2. BRs 50,000, being the cap for any one designCorrect
  3. CRs 25,000, being one sum for the design
  4. DNo cap, as the proprietor may recover any amount

Explanation

Liability is up to Rs 25,000 per contravention as a contract debt, but the proviso caps the total recoverable for any one design under clause (a) at Rs 50,000. Three contraventions would give Rs 75,000 if multiplied, but the cap reduces it to Rs 50,000.

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