ENFORCEMENT & LITIGATIONS

Intellectual Property Enforcement in India

In India there are multiple statues dealing with Intellectual property enforcement and issues. Besides India also follows common law principals in dealing with IP issues:
1.         Trademarks Act, 1999 and Rules there under
2.         Patents Act, 1970 as amended by Patents (Amendments) Act, 2005 and Rules there under
3.         Copyright Act, 1957 and Rules there under
4.         Designs Act, 2000 and Rules there under
5.         Geographical Indication of Goods (Registration & Protection) Act, 1999 and Rules there under
6.         Semiconductor, Integrated Circuit Layout Design Act, 2000 and Rules there under
7.         Plants Varieties Protection and Farmers’ Rights Act, 2000 and Rules there under
8.         Information Technology Act, 2000 and Rules there under
9.         Customs Act, 1962 and Rules there under

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

Enforcement of Copyright

Piracy of Design

Damages towards piracy of design