Article by Vijay Pal Dalmia, Advocate, Supreme
Court of India and Delhi High Court, Partner & Head of
Intellectual Property Laws Division, Vaish Associates Advocates,
Some suggestions and tips for protection of Intellectual
Property Rights in India are:-
Register Intellectual Property Rights
It has been observed that a
registration certificate may carry a greater value than the actual
evidence of user of the IPR before courts as well as enforcement
Remember Courts put greater reliance
Remember for protection of your trade
mark / copyright, registration is not necessary.
Keep your intellectual property
portfolio ( Registrations) updated;
Make Intellectual Property protection
Implement clear and effective
policies and strategies for IP protection;
Must have an IP management policy for
Whenever possible, prefer to give a
public notice against any violation of the IPR through at least 2
newspapers of the national level, as such publications are treated
as pubic knowledge and defense of ignorance about the rights of the
IP holder may not be taken in the court;
Wherever required, enter into
elaborate assignments, licensing or user agreements, and care
should be taken to make provisions for all post termination IPR
Discourage the policy of permissive
While dealing with IPR, believe in
Conduct regular due diligence
exercise to protect and detect IP violations;
Determine the risks that your IP
faces and keep a watch over potential registrations, risks and
violations, and take timely action to oppose any such registrations
In case IP litigation is initiated,
take the same to its logical conclusion by restraining the actual
violation, however do not prolong the litigation, until and unless
absolutely necessary, for damages or compensation. It has been
observed that Indian courts are not very inclined towards granting
punitive or exemplary damages;
Remember, delay in enforcement of IPR
may some times frustrate;
Renew your IPR in time, else you may
loose your substantial right in the IPR;
Plan for IPR inheritance;
Keep all papers, registration
certificates, copies of applications and correspondence etc., at
one place and safely.
The content of this article is intended to provide a general
guide to the subject matter. Specialist professional advice should
be sought about your specific circumstances. The views expressed in
this article are solely of the authors of this article.
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