The Intellectual Property Rights can be enforced mainly through three forums Civil Courts, Criminal Courts, and Administrative Forums. All the measures can be approached simultaneously. We do civil and criminal cases depending on the nature of infringement. We also assist in raiding and seizure of infringed, counterfeit goods.

Objective of Civil Litigation
In case of infringement of IPR the civil court can be approached for

1. To provide compensation to the property right holder.
2. To prohibit future infringement.
3. Appropriate disposal of infringing material and all tools/ plates / dyes used for manufacturing the same.

Remedies Can be sought from Civil Litigation

• Temporary Injunction against present violations
• Permanent Injunctions against future violations
• Civil raids & Seizures
• Damages OR Accounts of Profits
• Delivery up/ Discovery of infringing material / documents
• Preservation of assets
• For Copyright owners- Infringing material is deemed to be his property.
• Ex-Parte Order When the matter is extremely urgent.

Benefits of Civil Remedies

• The main advantage is the Damages relief in civil cases
• Civil remedies are less hassle for the plaintiff
• Jurisdictional i.e. trial place advantage
• Interlocutory Injunctions
• Possibility of settlement

All these remedies can be sought for the Domain Names, Trade Marks, Designs, and Patents.
Contact us to learn more about how our IPR Enforcement Services can serve you.

The Intellectual Property Rights in India are protected under Trademarks Act, 1999, Patents Act,1970 (as amended), Copyright Act, 1957 (as amended), Designs Act,2000 and Geographical Indications Act, 1999.

Criminal Provisions- For Trademark and Copy Rights violations

1. Falsification of Trademarks / Infringement of copyright is a cognizable offence
2. A complaint may be filed before a Magistrate; OR
3. Police can register an FIR and prosecute directly; ( After Registrar’s approval )
4. Registration of TM or Copy right is not a requirement.

Criminal Relief - TM / Copy Right Violations

• Imprisonment- 6 months to 3 years
• Fine- Rs 50,000 to 2 lakhs
• Enhanced penalty on subsequent convictions.
• Seizure, forfeiture and destruction of infringing goods/ material for placing before the Magistrate.

Effectiveness of Criminal Litigation

1. Deterrence effect on the violator
2. Fear of arrest and imprisonment
3. Comparatively quick and effective
4. Put social stigma over the offender.

Contact us to learn more about how our IPR Enforcement Services can serve you.