ENFORCEMENT & LITIGATIONS

Intellectual Property Enforcement in India

Enforcement of Trademark Rights

Before Trademark Registry- Administrative Remedy

Before Courts- Civil Remedy

Before Courts- Criminal Remedy

Procedure and punishment

Confiscation of imported goods bearing counterfeit marks

Enforcement of Patent Rights/ Patent Infringement

Appropriate forum for Patent Dispute

Acts constituting infringement of Patent Right

Defences to Infringement of Patent in India

Acts Constituting Infringement of copyright

The following acts if done or authorised to be done by someone else, without consent or permission of the copyright owner, are considered as infringement of copyright: 1. Reproducing the work in any material form 2. Issuing copies of the work to the public not being copies already in circulation 3. Including the work in any cinematographic film 4. Making an adaptation of the work 5. Doing any of the acts specified at (i) to (iii) above in relation to adaptation of work 6. Communicating the work to the public, if aware that such act shall amount to infringement of copyright 7. Making, selling, letting on hire, distributing, importing or holding trade exhibits in public of infringed work

Appropriate forum for Design Violation

Test to determine Copyright Violation/ infringement

Before Copyright Registry- Administrative Remedy

Enforcement of Copyright

Piracy of Design

Damages towards piracy of design