INTELLECTUAL PROPERTY LAWS

The concept of intellectual property is growing in importance with each passing day. Every business, organisation and establishment is affected by it. Most corporations, entrepreneurs, organisations and the like are investing a large proportion of their funds into protection of intellectual property in their possession. In view of the said growing demand from the industry for enhanced protection and enforcement of their intellectual property, our firm has incorporated a specialised team of professionals to cater to all the needs and requirements of our clients in the said field.

The team is competent to handle all aspects ranging from prosecution of intellectual property at the level of the Intellectual Property Office or the Copyright Office to enforcing the same through courts of law. The team consists of individuals specifically qualified in the field of Intellectual Property Rights. The team also represents clients before various Statutory Authorities and Courts of Law for initiating actions against infringers as well in an endeavour to defend the ownership of the varied intellectual properties. We advise and assist our Clients in seeking both civil as well as criminal remedies against infringers, the details regarding both are as under.  

Civil Remedies

Civil remedies would essentially include filing a suit for infringement along with prayers for damages, delivery-up and rendition of accounts among others. Further, in such cases, it is worthwhile that a Local Commissioner be appointed through Court for visiting the location of the infringer and seizing the infringing material and releasing the same on supardari. Subsequent, to a successful Commission having been conducted by the Local Commissioner (LC), the said LC prepares a report and submits the same to the Court. The team at the Firm accompanies the LC during the raid in order to ensure that the raid is a success. Thereafter, the Firm pursues the Suit before the Court of Law to its logical conclusion while keeping our Clients abreast with the developments in the matter on all occasions.

Criminal Remedies

Criminal remedies would include conducting a raid upon the infringer’s location with the assistance of the local police authorities. The said procedure entails filing a complaint on behalf of the Client before the local police station in whose jurisdiction the infringer is situated. Further, based upon the complaint, the police authorities along with the Firm’s team visit and inspect the location(s) of the infringer and subsequently, seize infringing material. Thereafter, the infringer is taken into custody and a F.I.R. is lodged against the infringer, which culminates in a criminal case before the local courts. The said action is essentially covered under the provisions of the Copyright Act, 1956 and not the Trademarks Act, 1999 for ease of facilitation and execution. In case the police authorities do not take cognizance of the illegal activities based upon the Complaint filed, the team at the Firm assists the Client by approaching the Court under Section 156 (3) of the Criminal Procedure Code to obtain orders directing the police authorities to file a F.I.R. While seeking criminal remedies, the Firm keeps a close watch on the proceedings that culminate before the Courts. Though, the criminal case is pursued by the State, however, our Firm ensures that we update the Client regularly of the developments in the matter.