The administration of Judicial System in India is three tiers as far as enforcement of Intellectual Property Rights are concern. Not below the District Courts have the jurisdiction to entertain any litigation action in respect of enforcement of Intellectual Property Right. Starting from the District Courts the litigation practice entails up to the apex court e.g. Supreme Court of India. Apart from District Courts, few the High Courts have also original jurisdiction to entertain the suit proceedings in respect of Intellectual Property Rights.
The newly constituted Intellectual Property Appellate Board is seized with the matter of rectification and / or cancellation of already registered / granted Patent and Trademark. Accordingly, the practice of enforcement of Intellectual Property Rights encompasses more often than not before the District Court, various High Courts and Supreme Court as well as before Intellectual Property Appellate Board.
Our firm has also one of the best and most active Litigation Wing which consist of Lawyers having vast and diverse experience of handling litigation matters which includes soliciting, initiating, defending and prosecuting infringement and passing off litigation both civil and criminal before various High Courts, Supreme Court and District Courts and newly constituted Intellectual Property Appellate Board for a number of clients for a range of matters including:
- Initiating and Defending of Passing off and Infringement suits relating to Patent and Industrial design matters irrespective of the fact whether the Patent or Design is Registered or Unregistered
- Initiating and Defending of Passing off and Infringement suits relating to copyright and Industrial design matters irrespective of the fact whether the copyright of design is Registered or Unregistered
- Initiating and Defending of Passing off and Infringement suits with respect to well known trade mark and trade name matters irrespective of the facts whether the trade mark or trade name is Registered Or Unregistered
- Initiating and Defending Petitions and Appeals before the Intellectual Property Appellate Board arising from the order / action of Trade Mark and Patent Office
- Initiating and Defending cancellation and revocation petition before the Registrar of Trade Mark / Controller of Patent & design as well as before the Copyright Board, as the case may be, for all IP related matters
Our litigation team has encountered and solved number of complicated matters involved in the legal proceedings with regard to prior art, area of operation, innovation and novelty, prior and continuous use, acquiescence and delay in infringement and passing off suit.