Intellectual property rights can be enforced through three main forums — civil courts, criminal courts, and administrative forums — and all three can be pursued simultaneously. We handle civil and criminal cases depending on the nature of the infringement, and assist with raiding and seizing infringed or counterfeit goods.
Objective of Civil Litigation
In an IPR infringement, civil courts can be approached to:
- Compensate the property right holder
- Prohibit future infringement
- Order the appropriate disposal of infringing material and any tools, plates, or dyes used to manufacture it
Remedies Available Through Civil Litigation
- Temporary injunction against present violations
- Permanent injunction against future violations
- Civil raids and seizures
- Damages or an account of profits
- Delivery up or discovery of infringing material and documents
- Preservation of assets
- For copyright owners, infringing material is deemed their property
- Ex-parte orders in extremely urgent matters
Benefits of Civil Remedies
- Damages relief is the main advantage in civil cases
- Less hassle for the plaintiff than criminal proceedings
- Jurisdictional advantage on where the trial is held
- Interlocutory injunctions are available
- Settlement remains possible
These remedies apply to domain names, trademarks, designs, and patents alike. Contact us to learn more about our IPR enforcement services.
In India, intellectual property rights are protected under the Trademarks Act 1999, the Patents Act 1970 (as amended), the Copyright Act 1957 (as amended), the Designs Act 2000, and the Geographical Indications Act 1999.
Criminal Provisions for Trademark & Copyright Violations
- Falsification of trademarks or copyright infringement is a cognizable offence
- A complaint can be filed before a Magistrate, or
- Police can register an FIR and prosecute directly, after Registrar approval
- Registration of the trademark or copyright isn't required to bring a criminal case
Criminal Relief for TM / Copyright Violations
- Imprisonment of 6 months to 3 years
- Fines of Rs. 50,000 to Rs. 2 lakh
- Enhanced penalties on subsequent convictions
- Seizure, forfeiture, and destruction of infringing goods or material, for the Magistrate's review
Why Criminal Litigation Works
- A real deterrent effect on the violator
- Fear of arrest and imprisonment
- Comparatively quick and effective
- Carries social stigma for the offender
Contact us to learn more about our IPR enforcement services.