The principles applicable to the grant of interlocutory injunction in the case of a design are the same as are applicable in the case of patent. The registration of a design is not prima facie evidence of its validity.
Hence if the defendants counter-claim for cancellation of the design on the ground that it is not new or original interlocutory injunction may not be granted. Where the defendant’s design is also registered interim injunction will not be granted.
If there is evidence that the registered design was applied to articles sold in India prior to the date of registration interim injunction will not be granted.
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 designs 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.
In any suit or any other proceeding for relief under sub-section (2), every ground on which the registration of a design may be cancelled under section 19 shall be available as a ground of defense.