Enforcement of IPR in India- Brief Overview

IPR & Courts:

 

The Courts play an important role in IPR matters.

The intellectual property infringement actions are injunctions, damages and account of profits.  Most actions start with an application for some form of preliminary or interlocutory relief, and in most cases does not get beyond this preliminary stage.

In the normal course, a successful plaintiff in an industrial property action will be entitled to a final injunction.

India has a strong Judiciary system. In order to protect IPR in India, The enforcement of IPR is the ability of the right holder to protect his assets. An efficient system that provides effective protection through enforcement is necessary to make the IP rights meaningful.

Civil Litigation

The objectives of civil litigation are:

  • provide compensation for the prejudice caused by infringements;
  • dispose appropriately of the infringing copies (destruction or other disposals outside the normal channels of commerce)
  • dispose appropriately of implements used for infringing activities; and
  • Grant injunctions to prohibit further infringements.

The remedies typically available in intellectual property infringement actions are injunctions, damages and account of profits.

 

Injunction

In the normal course, a successful plaintiff in an intellectual property action will be entitled to a final injunction.

Damages or Account of Profits

This approach which is more difficult to prove is through consideration of sales lost to the plaintiff; in this case, the plaintiff is entitled to the entire lost profit.

Criminal Procedures

India has effectively resorted to the criminal procedures for the protection of IPR. TRIPS Agreement provides:

  • Imprisonment and/or monetary fines,
  • Penalties,
  • Seizure, forfeiture and destruction of infringing goods and of any materials and implements the predominant use of which has been in the commission of the offence.

 

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