IP ENFORCEMENT IN INDIA

 

Primary authorities responsible for carrying out IPR enforcement are:

 

  • Courts (District Courts and High Courts).

 

District courts and certain High courts in India have the original jurisdiction to try suits pertaining to infringement of Intellectual property rights in India. The courts are generally very prompt in granting ex parte interim injunctions and appointment of Local commissioner for search and seizure of infringing goods in suits pertaining to infringement of intellectual property rights

 

There are effective methods for the enforcement of the orders of the Court, including Contempt of Court proceedings, which provides for a fine as well as imprisonment, in case of non-compliance of the order of the Court. Execution/ compliance of the orders of the court are also done by way of appointment of the Local Commissioner/Receivers by the Court. In India, certain State Governments have formed Special Intellectual Property Cells, which deal with offences relating to infringement of IPR.

 

In any civil action for enforcement of Intellectual Property Rights, the following reliefs may be claimed in such suit: 

 

  • Permanent Injunction;

  • Interim Injunction;

  • Damages;

  • Accounts and handing over of profits;

  • Anton Pillar Order (Appointment of Local Commissioner by the Court for custody/ sealing of infringing material/accounts);

  • Delivery up of goods/packing material/dies/plates for destruction.

 

Additionally, in case of infringement of Trademark, infringement of Copyright, Geographical Indication, Plant Variety and Semiconductor Integrated Circuits Layout Design, the following Criminal action can also be initiated:

 

  • Registration of First Information Report (FIR); or

  • Filing of a Criminal Complaint before a Competent Magisterial Court with application for issue of search and seizure warrants directing the police to raid of the premises of the accused for seizure of the infringing material and arrest of the infringers.

Subscribe for Updates