INTELLECTUAL PROPERTY ENFORCEMENT AND LITIGATION

Intellectual Property is a currency for economic growth, international co-operation, benefit sharing and a pillar of multilateral trading and commerce. Intellectual Property protection has the ability to encourage innovation which leads to sustainable economic growth. Robust and balanced intellectual property rights regime encourages both innovation and knowledge diffusion through intellectual property protection, international trade and technology transfers. India with dynamic intellectual property laws strikes an effective balance between rewarding the innovators and ensuring the interests of the public.

Internationally, World Intellectual Property Organization (WIPO) is the office responsible for matters related to Intellectual Properties which draws its operational powers from the Trade- Related Aspects of Intellectual Property Rights (TRIPS). TRIPS Agreement sets minimum standards for effective Intellectual Property enforcement procedures. It requires governments to establish procedures for the enforcement of IP rights, including civil and administrative remedies, and criminal procedures and penalties.

District Courts and High Courts are primary authorities responsible for carrying out Intellectual Property enforcement in India. District courts and certain High courts in India have the original jurisdiction to try suits pertaining to infringement of Intellectual property rights in India. 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, 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.

Intellect Juris with having its core focus on Intellectual Property protection and enforcement has the necessary capabilities and competence to successfully resolve Intellectual Property disputes and helps devise a result oriented strategy, which brings clarity to the client and objectivity to our efforts. Intellect Juris focuses on providing optimal results for each intellectual property dispute through litigation skills, comprehensive legal strategies, and unrelenting focus on client success. The firm has extensive experience litigating contentious Intellectual Property matters in various forums and courts. We also regularly resolve various Intellectual Property disputes before litigation becomes necessary through cease-and-desist letters and negotiation of license, settlement, and coexistence agreements.


 

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