OVERVIEW
IP enforcement is the process of enforcing the interest of IP owner through various legal mechanisms. Counterfeiters have adapted themselves to survive in the market by identifying escape routes to evade from criminal and civil liabilities under the IP laws. Thus, an effective IP enforcement not only requires legal skill set but also identification of the counterfeiters, piracy-prone market and an effective surveillance and understanding the pre-litigation measures.
Slow judicial system and lengthy and time-consuming judicial procedures in India make the IP enforcement cumbersome despite well-established statutory provisional and administrative/judicial framework. It is pertinent to mention in last few years, Indian courts have shown dynamism and zeal for effective protection of Intellectual Property Rights (IPRs) and there is a steep rise in the IP enforcement. It has been observed that by adopting right strategies and understanding market psychology, an effective IP enforcement can be achieved effectively in timely manner.
We offer best in class IP enforcement services through our highly experienced team members having legal expertise and market psychology.
Injunctions
Intellectual Properties Rights (IPRs) are exclusive rights generally granted for a specific time period enabling the creators to earn reward for his hard work and efforts along with the cost incurred in the creation. Therefore, time is very essential in Intellectual Properties Rights (IPRs).
An IP infringement has primarily two (2) remedies i.e., injunction order restraining the infringing activities; and recovery of damages and account of profit. Since, Intellectual Properties Rights (IPRs) have limited life span and the infringing activities may cause a damage which is irreparable (damage to the well-established reputation), a timely granted injunction order is more important than an order awarding damages.
An injunction order ensures that no further damage will be caused by infringing activities. There are two types of injunction order:
Permanent injunction: This injunction order restrains the infringing activity by the infringing party permanently and granted when the suit is concluding against infringing party; and
Temporary (ad-interim) injunction: This injunction order restrains the infringing activity till the disposal of the proceeding.
In cases of IP infringement, you can also go for civil remedies. The one the main civil remedy available in cases of infringement is injunction. It is basically an order from the court which restrains the infringing party to further carry on infringing illegal activities.
As per the Indian law, you can file for permanent injunction which will be granted once the case is decided and you can also file for ex-parte temporary injunction which will be granted for the period until the case is decided.
We at Delhi IP assist our clients in getting the injunctive relief for the enforcement of their IP rights. We further assist our clients in getting temporary injunction as soon as possible so they don’t have to suffer during the pendency of trial.