ENFORCEMENT & LITIGATIONS

Intellectual Property Enforcement in India

Enforcement of Trademark Rights

Before Trademark Registry- Administrative Remedy

Opposition (before the Registrar)- Opposition can only be done after publication of the trademark and within 3 months of date of availability of Journal. One month extension is available if sought before the expiry of 3 months time
Cancellation (before the Registrar as well as Appellate Board)- Cancellation on the ground of non-use for a period of 5 years and 3 months and proof of intention on part of the registered proprietor not to use the trademark at the filing date and non-use till the cancellation petition.

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

Enforcement of Copyright

Piracy of Design

Damages towards piracy of design