Intellectual Property Litigation in India
With the Indian population becoming aware of their Intellectual Property Rights (IPR), a rise has been witnessed in the past few years in cases pertaining to Intellectual Property litigation in India. The Hon’ble High Court of Delhi in India is considered as a Centre of IP litigation cases in India as most of the IPR related disputes and cases are instituted in the High Court of Delhi.
The IP litigation team at our firm comprises of a dedicated team of lawyers, who have successfully protected IP rights of individuals and organizations.
IP Infringement- Civil and Criminal Remedies
When any Intellectual Property Rights (IPR) of the IP owner is violated then the aggrieved party has two exclusive remedies available:
- Civil remedy
- Criminal remedy
Civil remedies can be enforced by filing a suit for infringement of IP and/or passing off in the competent court. Further in case of copyright, trademark and patent following reliefs of civil nature are available to the right holder:
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.
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.
Territorial Jurisdiction of Delhi High Court in Trademark Infringement Cases
India: Court grants damages of INR 5 Lakhs for infringement of the mark ‘Nokia’
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