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CS Executive · Economic, Commercial and Intellectual Property Laws · Intellectual Property Rights

The registration of Sundaram Toys' design lapsed and was later restored. During the gap, a rival, Kavya Toys, copied the design. Under the Designs Act, 2000, can Sundaram Toys sue Kavya Toys for piracy committed in the gap period?

No. Section 14(2) of the Designs Act, 2000 says no suit or other proceeding can be commenced for piracy of a registered design, or infringement of copyright in it, committed between the date registration ceased to have effect and the date of its restoration.

  1. AYes, because restoration relates back to the date of lapse
  2. BYes, but only for damages and not an injunction
  3. CNo, no suit lies for piracy committed between the lapse and the restorationCorrect
  4. DYes, if the Controller permits the suit in writing

Explanation

Section 14(2) bars any suit or proceeding for piracy of a registered design, or infringement of copyright in it, committed between the date the registration ceased to have effect and the date of restoration. Restoration therefore does not allow suits for that gap period. The Controller has no power to waive this bar under that provision.

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