ENFORCEMENT & LITIGATIONS

Intellectual Property Enforcement in India

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

For any piracy of registered design the defendant has to pay sum up to Rs. 25,000 towards the contravention. However maximum damages allowed are Rs. 50,000 in respect of a single design. Injunction for design right violation Besides awarding the damages the proprietor may also seek injunction against repetition of contravention. Defences to piracy of design in India The defences available for defence in piracy of design is are any of the grounds under which design can be cancelled.