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
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
Registrar of Copyright has the power to ban import of infringing copies into India and delivery of infringing copies of copyright work confiscated earlier from infringer to the owner of the copyright on an application made by the owner of copyright or his duly authorized agent. Before Courts- Civil Remedy The owner of the copyright has the following remedies against infringement. 1. Injunction- Ex parte/ permanent 2. Damages 3. Anton Pillar Order 4. Seizure of goods 5. Rendition of accounts Before Courts- Criminal Remedy Copyright Infringement is a cognizable offence (non-boilable offence) the offence of infringement of copyright is punishable with imprisonment, which may extend from a minimum punishment of 6 months to maximum of 3 years and with a fine not less than fifty thousand rupees and extending up to two lakh rupees. For the second and subsequent conviction the minimum term of imprisonment is increased to minimum one year and minimum fine is one lakh rupees.
Enforcement of Copyright
Piracy of Design
Damages towards piracy of design