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
The following defences are available in India as a defence in Patent Infringement: 1. Any of the grounds under which Patent can be revoked 2. By govt of India or for Govt. of India for its own use 3. Experiment or research 4. Imparting instructions to pupils 5. For Patent in respect of Medicine or drug, for its own use of Govt. of India, for distribution in Govt. Dispensary and hospitals or by gazette notifications to other dispensaries, hospitals and medical institutions 6. Enforcement of Copyright India is a member of the Berne Convention and TRIPS, therefore owner of copyright from another member country will get same copyright protection in India. However, the duration of copyright shall not exceed the original duration in the member country 7. Infringement of copyright Copyright in a work is deemed to be infringed when any person, without a license granted by the owner of the copyright does anything, the exclusive right to do which is by the Act conferred upon the owner of the copyright.
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