Indian Intellctual Property Matters, Patent & Trade Mark Attorneys

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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