Safeguarding Aesthetics: Legal Remedies Against Design Piracy In India
- IJLLR Journal
- Sep 22
- 2 min read
Varsha. S, LLM, Vels Institute of Science, Technology & Advanced Studies (VISTAS), School of Law, Pallavaram, Chennai.
Naveen Chandar. S, LLM, Vels Institute of Science, Technology & Advanced Studies (VISTAS), School of Law, Pallavaram, Chennai.
ABSTRACT
Industrial designs constitute a vital component of intellectual property, protecting the aesthetic and visual features of products that enhance consumer appeal and commercial value. However, with globalization and rapid market expansion, the piracy of registered designs has emerged as a serious challenge, undermining innovation and distorting fair competition. This paper examines the scope and significance of design protection within the intellectual property framework, focusing on the problem of design piracy, which involves unauthorized reproduction or imitation of registered designs. It also highlights the interface between design protection and copyright, which often complicates enforcement. The study evaluates the rights conferred on proprietors of registered designs, particularly their entitlement to restrain unauthorized use and seek remedies such as damages, monetary compensation, and injunctive relief. These remedies not only redress violations but also serve as deterrents against infringement. Attention is also given to jurisdictional complexities and defences commonly raised in design disputes, reflecting the practical challenges of enforcement. By analysing statutory provisions and judicial interpretations, the paper underscores the importance of a coherent and effective legal framework to safeguard industrial designs from piracy. The findings reveal that robust enforcement preserves economic interests, promotes creativity, and sustains healthy competition in the marketplace. Ultimately, the paper advocates for stricter regulatory mechanisms and dynamic judicial approaches to address emerging issues in design protection, ensuring that intellectual property law continues to balance innovation with public interest in an evolving commercial environment.
Keywords: Industrial Design, Design Piracy, Intellectual Property Rights (IPR), Remedies, Injunction, Damages, Jurisdiction and Enforcement
