Company A introduced a new washing machine in the market and the design of the new washing machine is registered under Design Act. After few months Company A came to know that Company B is selling similar design washing

Design is defined as "drawing or the deception of an original plan for a novel pattern, model, shape, configuration, that is chiefly decorative or ornamental." 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 registered proprietor. Unauthorized application of the design also involves piracy of the Design. In Design Act, 2000, Section 22 deals with the piracy of the registered design in India. Section 22(1) lays down as follows: 22. Piracy of registered design.- (1) During the existence of copyright in any design it shall not be lawful for any person- (a) for the purpose of sale to apply or cause to be applied to any article in any class of articles in which the design is registered, the design or any fraudulent or obvious imitation thereof, except with the licence or written consent of the registered proprietor, or to do anything with a view to enable the design to be so applied; or (b) to import for the purposes of sale, without the consent of the registered proprietor, any article belonging to the class in which the design has been registered, and having applied to it the design or any fraudulent or obvious imitation thereof; or (c) knowing that the design or any fraudulent or obvious imitation thereof has been applied to any article in any class of articles in which the design is registered without the consent of the registered proprietor, to publish or expose or cause to be published or exposed for sale that article. Furthermore the consequences and remedies of violation of a design right is laid down in Section 22(2) and reads as follows: (2) If any person acts in contravention of this section, he shall be liable for every contravention- (a) to pay to the registered proprietor of the design a sum not exceeding twenty-five thousand rupees recoverable as a contract debt, or (b) if the proprietor elects to bring a suit for the recovery of damages for any such contravention, and for an injunction against the repetition thereof, to pay such damages as may be awarded and to be restrained by injunction accordingly: Provided that the total sum recoverable in respect of any one design under clause (a) shall not exceed fifty thousand rupees: Provided further that no suit or any other proceeding for relief under this sub-section shall be instituted in any court below the court of District Judge. Therefore, Company A which has a registration over the design in dispute can initiate action against Company B and recover monies in the form of damages. Furthermore, Company A can also bring a suit for injunction against ongoing or future infringement. In M/S. Cello Household Products Vs. M/S. Modware India the Bombay High Court in 2017 compared two competing bottles and one made by Cello and the other by Modware, where Cello held registration over the design of their bottles and upon a detailed analysis found the bottles made by Modware to be deceptively similar to the bottles protected under the Design Act. 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 facts of the case are similar to that of Whirlpool Of India Ltd. vs Videocon Industries Ltd. decided by the Bombay High Court on 27 May, 2014.