Interlocutory Injunction is one of the remedies available against infringement of copy right in design. The principle applicable to the grant of interlocutory injunction in the case of a Design and patent are same as indeed in the case of other action. They are:
1. Plaintiffs should make out a prima facie case and show that the balance of convenience is in his favour.
2. Interlocutory injunction may not be granted when the plaintiffs can be monetarily compensated in the event of his success in the action.
3. Interlocutory injunction will not be granted if there are substantial grounds for attacking the validity of the registration.
4. Interlocutory injunction will not be granted if the defendant gives an undertaking to keep an account if he is a person of substance and the undertaking will give the relief which the Plaintiff requires.
5. If injunction is grated the Plaintiff should give a cross undertaking in damages to recoup the defendant for any loss sub stained if the Plaintiff fails in the action.
6. If there is under or unexplained delay in seeking relief interim relief will be refused.
The registration of a design with appropriate authorities is not prima facie evidence of its validity.
In the following circumstances interlocutory injunction may not be granted.
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 defendants 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.