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The remedies available in case a design is pirated are similar to those available in the case of copyright infringement. A registered proprietor can institute a suit in a Court not below the District Court, for injunction and/or recovery of damages against any person engaged in the piracy of the registered design. Other civil remedies include award of costs, account of profits, and delivery/seizure of infringing items, etc. Unfortunately, there are no criminal remedies available in case of Design infringement.

According to the Indian Designs Act, two alternative remedies are available against the piracy of registered design:

1. The person involved in piracy is liable to pay the registered proprietor of the design a sum not exceeding Rs 25,000 for every contravention recoverable as a contract debt. However, the total sum recoverable in respect of any one design should not exceed Rs. 50, 000.
2. A proprietor may bring a suit for the recovery of damages for any such contravention, and for an injunction against the repetition. In case he succeeds, he will be entitled to recover such damages as may be awarded by the court and restrain the defendant in terms of the injunction granted by the court.

While the common law remedy of passing off has not been recognized by the Designs Act, Courts have allowed the same in certain cases where the design itself has become the identity of the brand.

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