Section 14 of DA, 2000 : Section 14: Rights Of Proprietor Of Lapsed Design Which Have Been Restored

Explanation using Example

Imagine a furniture company, "ComfySeats," has a registered design for a unique ergonomic chair. The design registration lapsed because ComfySeats forgot to renew it on time. During the period when the registration was not in effect, another company, "ChairPlus," started manufacturing chairs with a similar design, believing it was no longer protected.

ComfySeats realizes their mistake and applies to restore their design registration. Under Section 14(1) of The Designs Act, 2000, when their design is restored, the rights ComfySeats has over their design will include certain conditions set by the Controller of Designs. These conditions may include measures to protect or compensate ChairPlus since they started using the design in good faith during the lapse.

Furthermore, as per Section 14(2), ComfySeats cannot sue ChairPlus for any infringement or piracy of their design that occurred during the period their design registration was lapsed. This means ChairPlus is not liable for any chairs they produced that resembled ComfySeats' design during that specific timeframe.