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CIVIL REMEDIES IN INDIA


 

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Civil Remedies - Protection/Enforcement Of Intellectual Property Rights (IPR) In India:

When any of the rights granted by the IP regime is violated the aggrieved party has two non mutually exclusive remedies. First being civil remedy and the other being a criminal remedy. Civil remedies can be enforced by a filing a suit for infringement and/or passing off in the competent court. Further in case of copyright, trademark and patent following reliefs of civil nature are available;

i. Interlocutory/Temporary/Ad-interim Injunction
Interlocutory/Temporary/Ad-interim Injunction generally mean prohibiting an action by a party to a lawsuit until the disposal of the suit. It is discretionary relief and granted only if the plaintiff is able to establish that there is prima facie case in his favour, the balance of convenience lies in his favour and if the temporary injunction is not granted he will bear irreparable loss.

ii. Mareva Injunction
Mareva injunction is to protect the interests of the plaintiff during the pendency of the suit and is granted to restrain the defendant from disposing of their assets within the jurisdiction until the trial ends or judgment in the action for infringement is passed.

iii. Anton Pillar Orders
In appropriate cases, the court has inherent jurisdiction on an application by the plaintiff made ex parte and in camera to require the defendant to permit the plaintiff to enter his premises and take inspection of relevant documents and articles and take copies thereof or remove them for safe custody. These are known as Anton Piller orders. The necessity for such an order arises when there is grave danger of relevant documents and infringing articles being removed or destroyed, so that the ends of justice will be defeated.

iv. John Doe Orders
John Doe orders are the orders issued by the court to search and seize against unnamed/ unknown defendants; which virtually translates into untrammeled powers in the hands of the plaintiffs, aided by court-appointed local commissioners, to raid any premises where infringement activities may be carried out.

v. Permanent/Perpetual Injunction
Permanent / Perpetual Injunction is a final order of a court that a person or entity refrain from certain activities permanently or take certain actions in perpetuity.

vi. Damages or Accounts of Profits
Damages or accounts of profits are two mutually exclusive remedies granted to the Plaintiff. Damages are granted to the plaintiff to compensate for the losses suffered by the Plaintiff on account of the defendant’s acts. Accounts of profits is an equitable remedy and requires the defendant to hand over to the plaintiff the actual amounts of profits made by the him due to the infringing activities.

vii. Delivery-up and Destruction
Under this relief the infringing goods are delivered to the plaintiff or destroyed.


For more information on Civil Remedies in India please write to us at: info@ssrana.com

 
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