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Intellectual Property Rights Litigation

With the Indian population Intellectual Property Rights (Trademark, Copyrights, Domain, and Design etc.) has been witnessed in the past few years in cases pertain to intellectual Property Right Litigation in India. The Hon’ble High court of Delhi in India is considered as a centre of Intellectual Property Right litigation in India as most of the IPR related disputes and cases are institute in the court of Delhi.

The Intellectual Property Right Litigation team of Preach Law & Co. comprise of a dedicated team of lawyers who have successfully protected intellectual property right of individuals, organisation and corporate entities.

Intellectual Property Right Infringement- Civil and Criminal Remedies:

When any Intellectual Property Right (IPR) of the Intellectual Property owner is violated then the aggrieved party has to exclusive remedies available in following ways:
  1. Civil remedies
  2. Criminal remedies
  1. Civil remedies:
Civil remedies can be enforced by filing a suit for infringement of Intellectual Property and/or passing off in the competent court. Further in case of copyright, Trademark and patent following relief of civil nature are available to the right holder:-
  1. Interlocutory/Temporary/Ad-interim Injunction:
Interlocutory/temporary and ad-interim injection generally mean prohibiting an action by a party to a lawsuit until the disposal of the suit. It is discretionary relief and granted only if the plaintiff is able to establish that there is prima facie case in his favour, the balance of convenience lies in his favour and if the temporary injunction is not granted he will be bear irritable loss.
  1. Mareva injection:
Mareva injection is to protect the interest of the plaintiff during the pendency of the suit and is granted to restrain the defendant from disposing of the assets within the jurisdiction until the trials ends or judgement in the action for infringement is passed
  • Anton pillar orders:
In appropriate case the court has inherent jurisdiction on an application by the plaintiff made ex-party and in camera to require the defendant to permit the plaintiff to enter in his premises and take inspection of relevant documents and articles and take copies thereof or remove them for safe custody. These are known as Anton Pillar case order. The necessity for such an order rises when there is grave danger of relevant document and infringing articles being removed or destroyed so that the ends of justice will be defeated.  
  1. John Doe orders:
John Doe orders are the orders issued by the court to search and seize against unnamed and unknown defendants, which virtually translate into untrammelled power in the hands of the Plaintiff, added by court appointed local commissioner to raid any premises where infringement activities may be carried out
  1. Permanent perpetual injection:
Permanent perpetual injection is a final order of a court that a person or company / entity refrain from certain activities permanently or take certain action in perpetuity.
  1. Damages are accounts of profit:
Damages are accounts of profit are two mutually exclusive remedies granted to the plaintiff. Damages are granted to the plaintiff to compensate for the losses suffered by the plaintiff on account of the defendants acts. Accounts of profit is an equitable remedies and require the defendant to hand over to the plaintiff the actual amounts of profit made by him due to infringing activities
  • Delivery up and destruction:
Delivery up and destruction under this relief the infringing goods are delivered to the plaintiff or destroyed.