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

1. Making 2. Using 3. Selling 4. Distributing 5. Importing 6. Offering anyone of the above Burden of proof The onus of establishing the infringement is on the plaintiff. However, in case of patent involving a process for obtaining a product where the plaintiff first establishes that the products obtained are identical, the court may shift onus on the defendant Interim Injunction The Court may also allow interim injunction against the infringer

Defences to Infringement of Patent in India

Acts Constituting Infringement of copyright

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