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Piracy of Registered Design

Piracy of Registered Design :

Piracy of a design means the application of a design or its imitation to any article belonging to the class of articles in which the design has been registered for the purpose of sale or importation of such articles without the written consent of the registered proprietor. Publishing such articles or exposing them for sale with knowledge of the unauthorized application of the design to them also involves piracy of the Design.

The proprietor of the design gets exclusive right to apply the design to the article in a class in which the design is registered. During the existence of copyright over any design, other persons are prohibited from using the design except or with the permission of the proprietor, his licensee or assignee. The following activities are considered to be infringement:

(i) to apply for the purpose of sale the design or any fraudulent imitation of it to any article in any class of articles in which the design is registered;

(ii) to import for sale any article to which the design or fraudulent or obvious imitation of it, has been applied;

(iii) to publish or to expose for sale knowing that the design or any fraudulent or obvious imitation of it has been applied to it. [Section 22]

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