Primary authorities responsible for carrying out IPR enforcement
Courts (District Courts and High
District courts and certain High courts in India have the
original jurisdiction to try suits pertaining to infringement of
Intellectual property rights in India. The courts are generally
very prompt in granting ex parte interim injunctions and
appointment of Local commissioner for search and seizure of
infringing goods in suits pertaining to infringement of
intellectual property rights
There are effective methods for the enforcement of the orders of
the Court, including Contempt of Court proceedings, which provides
for a fine as well as imprisonment, in case of non-compliance of
the order of the Court. Execution/ compliance of the orders of the
court are also done by way of appointment of the Local
Commissioner/Receivers by the Court. In India, certain State
Governments have formed Special Intellectual Property Cells, which
deal with offences relating to infringement of IPR.
In any civil action for enforcement of Intellectual Property
Rights, the following reliefs may be claimed in such
Accounts and handing over of
Anton Pillar Order (Appointment of
Local Commissioner by the Court for custody/ sealing of infringing
Delivery up of goods/packing
material/dies/plates for destruction.
Additionally, in case of infringement of Trademark, infringement
of Copyright, Geographical Indication, Plant Variety and
Semiconductor Integrated Circuits Layout Design, the following
Criminal action can also be initiated:
Registration of First Information
Report (FIR); or
Filing of a Criminal Complaint before
a Competent Magisterial Court with application for issue of search
and seizure warrants directing the police to raid of the premises
of the accused for seizure of the infringing material and arrest of
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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