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.
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.
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 […]
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 […]
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 […]