ENFORCEMENT & LITIGATIONS

Intellectual Property Enforcement in India

Enforcement of Trademark Rights

Before Trademark Registry- Administrative Remedy

Before Courts- Civil Remedy

Before Courts- Criminal Remedy

Besides Civil remedies, the proprietor of the trademark as well as licensed users also has the option to initiate criminal prosecution against the infringers etc. Following acts have been recognised as offences, against which a criminal complaint can be registered
1.         Falsifying a Trade Mark
2.         Falsely applying a Trade Mark
3.         Making or possessing instruments for falsifying a Trade Mark
4.         Applying false trade description
5.         Applying false indication of country of origin
6.         Tampering with an indication of origin already applied to goods
7.         Selling goods or possessing or exposing for sale of goods falsely marked
8.         Falsely representing a trade mark as registered
9.         Improperly describing a place of business as connected with the Trade Marks Office

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

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