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

Indian Customs Act, 1962 provides for confiscation of imported goods bearing counterfeit marks if upon a representation made to Chief Customs Officer, he has reasons to believe that the alleged goods bear a false/ counterfeit Trade Mark. The Chief Customs Officer may require the importer of the goods or his agent to produce any documents in their possession relating to said goods along with information as to the name and address of Consignor as well as importer of said goods and may initiate proper action for non compliance or offence.

Trans-border Reputation
Trans-border reputation of trademarks is well recognised and accepted in India even if said mark is not registered in India

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