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

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

10.          Falsification of entries in the Register
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