Section 22 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Section 22 is the enforcement section. During the existence of copyright in a design it is unlawful, without the proprietor's licence or written consent, to apply the design or a "fraudulent or obvious imitation" of it to articles in the registered class for sale, to import such articles for sale, or to publish or expose them for sale knowing the design was applied without consent. The proprietor can claim a sum of up to twenty-five thousand rupees per contravention as a contract debt, capped at fifty thousand rupees per design, or sue for damages and an injunction. If you are on either side of a copying dispute, legal dispute resolution support is the next step after reading this section.
During the existence of copyright it is unlawful to (a) apply the design or a fraudulent or obvious imitation to any article in the registered class, for sale, without the proprietor's licence or written consent; (b) import for sale such an article; or (c) publish or expose for sale an article, knowing the design was applied without consent. For every contravention the offender is liable to pay up to Rs 25,000 as a contract debt, with a total of Rs 50,000 per design under that clause, or to pay damages and be restrained by injunction if the proprietor sues. No suit lies below the court of District Judge. If cancellation grounds are raised as a defence, the suit goes to the High Court.
Sub-section (1): what is unlawful
The sub-section is printed "(I)" for "(1)". It opens: "During the existence of copyright in any design it shall not be lawful for any person-". Three acts follow.
| Clause | Act | Key words |
|---|---|---|
| (a) | Apply the design to an article for sale | "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 license or written consent of the registered proprietor", or to do anything to enable that |
| (b) | Import for sale | Import for sale, without the proprietor's consent, any article in the registered class bearing the design or a fraudulent or obvious imitation |
| (c) | Publish or expose for sale | "Knowing" the design or imitation was applied without consent, publish or expose that article for sale |
Points to observe.
- During the existence of copyright. If copyright has ended (see section 11) or the design has lapsed (see sections 12 to 14), the section does not apply to that period.
- Purpose of sale. Clauses (a) and (b) are tied to sale. Private making for no sale is not mentioned; the text is silent on it.
- "Fraudulent or obvious imitation." The Act does not define these words. The design itself is caught, and so is a fraudulent or obvious imitation of it.
- Licence or written consent. Clause (a) says "license or written consent"; clause (b) says only "consent".
- Knowledge. Only clause (c) carries the word "knowing".
- Same class. The acts concern articles in the class in which the design is registered, echoing section 2(c).
Sub-section (2): what the proprietor can recover
The sub-section is printed "2. (1)" in the gazette text, a printing slip; read it as sub-section (2), as the later sub-sections do. It says: "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".
| Route | Amount | Limit |
|---|---|---|
| Clause (a), contract debt | A sum not exceeding Rs 25,000 for every contravention | First proviso: total recoverable for any one design under clause (a) shall not exceed Rs 50,000 |
| Clause (b), suit | Damages as awarded, plus an injunction against repetition | No cap printed in the text |
The proprietor "elects" to bring a suit under clause (b). The text sets out the two routes as alternatives joined by "or", so the election is the proprietor's.
The two provisos
- Cap: "the total sum recoverable in respect of any one design under clause (a) shall not exceed fifty thousand rupees". The cap applies to clause (a) only, not to damages in a suit under clause (b).
- Court: "no suit or any other proceeding for relief under this subsection shall be instituted in any court below the court of District Judge". A civil court lower than the District Judge cannot take the case.
The marking rule in section 15(1)(b) limits recovery of "any penalty or damages" if an article is not marked, unless the proprietor shows he took all proper steps or the infringer had notice. See our article on section 15.
Sub-section (3): defence by cancellation grounds
"In any suit or any other proceeding for relief under sub-section (2), ever ground on which the registration of a design may be cancelled under section 19 shall be available as a ground of defence." (The text prints "ever" for "every".) So a defendant can plead prior registration, prior publication, lack of novelty or originality, non-registrability, or that it is not a design under section 2(d). See our article on section 19.
Sub-section (4): transfer to the High Court
"Notwithstanding anything contained in the second proviso to sub-Section (2), where any ground or which the registration of a design may be cancelled under section 19 has been availed of as a ground of defence and sub-section (3) in any suit or other proceeding for relief under sub-section (2), the suit or such other proceedings shall be transferred by the Court in which the suit or such other proceeding is pending, to the High Court for decision." (The printed text has slips: "or" for "on", and an extra "and" before "sub-section (3)". The sense is that a suit in which a section 19 ground is used as a defence is transferred to the High Court.)
So if the defendant raises a cancellation ground, the District Court transfers the suit to the High Court "for decision". The text does not say whether the High Court decides only the validity question or the entire suit; it says "the suit ... shall be transferred".
Sub-section (5): decree sent to the Controller
"When the court makes a decree in a suit under sub-section (2), it shall send a copy of the decree to the Controller, who shall cause an entry thereof to be made in the register of designs." The decree thus becomes a register entry; see our article on sections 9–10.
Illustration (invented)
Crystal Ware Pvt. Ltd. holds a registered design for a faceted water jug. During the copyright period, Aqua Plastics makes jugs with a faceting that is an obvious imitation, for sale. Under clause (a) of sub-section (1), this is unlawful without Crystal's licence or written consent. Crystal can either claim up to Rs 25,000 for every contravention as a contract debt (not exceeding Rs 50,000 in total for this design) or sue in the court of District Judge for damages and an injunction. If Aqua pleads that the design was published abroad before Crystal's date of registration, that is a section 19 ground; under sub-section (4) the suit goes to the High Court. If Crystal wins a decree, a copy goes to the Controller for entry in the register.
For more on the subject, see our post on piracy of a registered design and its penalties.
Need help in a copying dispute?
Whether you hold a registered design and found a copy, or you have received a piracy notice, the next steps depend on the court, the defences and the marking record. Our legal dispute resolution team can assess the case under section 22 and advise on the route.
Key takeaways
- During the existence of copyright it is unlawful, without licence or written consent, to apply the design or a fraudulent or obvious imitation to articles in the class for sale, to import them for sale, or knowingly to publish or expose them for sale.
- The proprietor may recover up to Rs 25,000 for every contravention as a contract debt, with Rs 50,000 as the total per design under that clause, or sue for damages and an injunction.
- No suit lies in any court below the court of District Judge.
- Every ground of cancellation under section 19 is a defence, and where one is raised the suit is transferred to the High Court.
- A decree is sent to the Controller for entry in the register.
Read next
- Piracy of registered design: infringement and penalties
- Section 23: application of Patents Act provisions to designs
- Section 19: cancellation of registration
- Section 11: copyright on registration and extension
Disclaimer: Based on the Designs Act, 2000 as enacted, as consulted on 1 October 2026. Forms, fees and procedure are set by the Designs Rules, 2001 as amended from time to time. This article is general information, not legal advice; check the official text before acting.