As far as enforcing Intellectual Property Rights is concerned, India’s judicial system consists of three tiers.

Intellectual Property Rights can be enforced through litigation in the District Courts and higher.

Litigation practice begins in the district courts and extends all the way to the apex court, such as India’s Supreme Court. In addition to District Courts, a few High Courts also have original jurisdiction to hear suit proceedings relating to Intellectual Property Rights.

Litigation with passion at the core.

The newly constituted Intellectual Property Appellate Board deals with rectification and/or cancellation of already registered / granted Patents and Trademarks. Consequently, Intellectual Property Rights are enforced often before the District Court, various High Courts, and Supreme Court as well as before Intellectual Property Appeals Boards.

One of the best and most active litigation wings at our firm is comprised of lawyers with extensive and diverse litigation experience. I have brought infringement and passing off litigations both civil and criminal to various High Courts, Supreme Courts and District Courts and the newly formed Intellectual Property Appellate Board for several clients.

As a result of our litigation expertise, we have handled several complex cases involving prior art, area of operation, innovation, novelty, prior and continuous use, and acquiescence and delay in infringement and passing off lawsuits.

January 2023
Delhi High Court sets aside registration of ‘Swiss Military’ trademark by private company
The Delhi High Court has set aside the registration of ‘Swiss Military’ and the logo by a private company called Promoshirts SM. The HC has held that a red cross with white background and the words ‘Swiss Military’ serve as a source identifier for the goods of Swiss Origin for the public.
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January 2023
Return of iconic Yezdi motorcycle hits legal hurdle, Karnataka HC cancels trademark acquisition by heir of original maker
The return of ‘Yezdi’, an iconic Indian motorcycle from the 1970s, has suffered a legal setback with the Karnataka High Court ruling as illegal the acquisition of the ‘Yezdi’ trademark by a member of the family of the original owners — Ideal Jawa (India) Pvt Ltd — which went into liquidation two decades ago.
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December 2022
India to seek IPR waiver for green energy tech at G20
India is planning to push for a waiver of intellectual property rights (IPR) for technologies related to green energy and energy transition in a bid to bridge the technology gap across G20 countries, two officials aware of the matter said. India took over presidency of the grouping earlier this month.
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News & Events

Blogs

Breaking News: Toyota Loses Trademark Battle over Prius at Indian Supreme Court

The plaintiff, in this case, is Toyota Jidosha Kabushiki Kaisha and they seek to prevent the defendant, a spare parts supplier by the name M/S Prius Auto Industries Limited, from the usage of the trademarks- “Toyota”, “Innova”, and “Prius”. According to the finding of the court, two of the three trademarks mentioned, namely Toyota and […]

Why Intellectual Property Rights

Intellectual property rights create a situation in which the inventor or the creator enjoys full ownership and rights to commercial exploitation of his creation while everyone else is excluded. The justification is that such a creation, if it has material value, must benefit the creator while preventing others who would otherwise commercially exploit the concept […]

An Overview of Copyright

WIPO defines copyright as the right of creators to ownership of their creations and to make use for commercial or other purposes. Copyright today covers literary creations, printed material, computer programs, data, audiovisual media, dance, paintings and drawings, photographs, sculpture, architecture, ad material, technical drawings and others that are the outcome of intellectual effort. From […]

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