IPR issues

Litigation towards IPR issues

Litigation Support Services to IP Matters. IP rights can be enforced by bringing actions to the civil courts or through criminal prosecution. Our firm has team of Professional Experts to assist our clients in strategizing the IP Litigations, identifying issues & risks involved & areas of concern. We routinely prosecute and defend cases involving both registered and unregistered trademarks before the Trademark Registry, Trademark Appellate Board & Court of Law within India before almost all High Courts and Supreme Court of India.

Ways of Protecting IPR

Statutory Protection - Publish Public Caution Notices in the News Papers about your IP Rights

Filing of Oppositions, if similar / identical marks is being filed before Registry / Attempt of Registration by a third party.

In case of ignorance for Filing Opposition with the Statutory Periods Next Stage is Cancellation / Rectifications before Appellate Board

In case of Violation of Act

Issue Cease & Desist Notice

Civil Suit in Court
  • Injunctions against future violations; Seizures
  • Damages OR Accounts of Profits
  • Discovery of infringing material/ documents
Criminal Action by court of law
  • Infringement of copyright is a cognizable offence U/s 63 of the Copyright Act
  • A complaint may be filed before a Magistrate; OR Police can register an FIR and prosecute directly
  • 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/ materials .

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