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

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