Infringement on design

I wud also like to know.

If your dress designs are registered with the Controller then you can sur him for trademark violation for copying your designs upto 10 years after their creaton. If unregistered you can still sue him till you have manufactured 49 pieces of your dress/items.  

^^ sue for copyright violation not trademark

thank a lot   Mr.Sanyam Malhotra but still i want more clarification about the procedure to be adopted and the applicable law with the section,  if possible

  kind regards..

A. Abdul rahman

And whether can we invoke sec 72 of Information Technology Act over here..

Section 72 of IT act has no application in your case. If you want to initiate criminal charge you will have to establish 'mens rea' in court. If your design is registered you can proceed u/s 22 of designs act for piracy of design.

but I haven't registered it sir,  now wat is the procedure to be taken by me againt him if he exploits my designs...to other competitors under copyright , etc.

please get in touch with an advocate for details

Hereafter, please enter into a Non-Disclosure Agreement before disclosing your Intellectual Property to any one. And also, it is advisable to have an NDA with all your employees so that they cannot go use it in any manner when they go out. 

The moment you employ any person there should be a service agreement which should include clauses relating to intellectual property like non dicclosure,the ownership of designs created by him while working in your organisation etc Further more you should have registered your designs under the designs act.As you have failed to do both I think you would not be able to take any action as the design if copied and sold to the public has entered public domain and so publicly known and nobody can claim right to it now.

T.R.Subramanian