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IPR Litigation

IPR LITIGATION

In recent years, intellectual property (IP) litigation has witnessed a surge in India, with a substantial number of disputes and cases being brought before the Indian Courts.

Ensuring the timely prevention of intellectual property (IP) infringement is crucial for the commercial success of any business. Notably, in India, certain courts have instituted specialized IP Divisions, exclusively committed to the expeditious resolution of cases involving Trademark, Copyright, Design, Patent, and Trade Secret matters.


For aggrieved parties place whose IP rights have been violated or infringed, there exists an array of exclusive civil remedies. These remedies are enforceable through the initiation of legal proceedings in the competent court.

Owners of copyrights, designs, trademarks, and patents are entitled to the following reliefs:
  • Interlocutory/Temporary/Ad-Interim Injunction: This involves prohibiting a party from taking certain actions until the lawsuit is concluded. It is granted when the plaintiff successfully establishes a prima facie case.
  • Mareva Injunction: Granted to restrain the defendant from disposing of assets within the jurisdiction until the trial concludes, safeguarding the plaintiff's interests during the suit.
  • Quia Timet Injunction: It is given to avoid a danger or expected violation of the rights of the plaintiff.
  • Anton Pillar Orders: An injunction allowing the plaintiff to enter the defendant’s premises to search and seize implicating evidence without prior notice to the defendants.
  • John Doe Orders: Orders to search and seize from unknown/unnamed defendants.
  • Permanent/Perpetual Injunction: A final court order refraining a party from certain activities permanently or mandating specific actions in perpetuity.
  • Damages/Accounts of Profits: Two distinct remedies granted to compensate the plaintiff for losses suffered due to the defendant’s actions.
  • Delivery-Up and Destruction: Involves delivering infringing goods to the plaintiff for subsequent destruction.
  • Notices- Caution and Cease & Desist: Additionally, in cases of infringement, Cease and Desist Notices may be employed as a pre-emptive legal tool. These notices serve as a warning to potential infringers, advising them to cease their activities, failing which legal action may be pursued. Cease and Desist Notices are an effective means to address IP violations without immediately resorting to litigation, offering a chance for resolution before entering the courtroom.
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