The entire Government machinery is bound to execute and enforce the orders of courts, as such courts are empowered to direct any government authority to do or not to do or prevent / compel any person to comply with the orders of the Court. This legal proposition can be understood by this example, e.g. Custom Authorities w.r.t. Import and Export of Infringing Goods. The Courts can grant injunction and direct the custom authorities to withhold the infringing material / its shipment or prevent its disposal in nay other manner, to protect the interest of the owners of intellectual property rights. This legal proposition can be enforced with / without involving the concerned authorities as a party in the suit.

It may please further be noted that in some States of India, governments have formed Special Intellectual Property Cells, do deal with the offences relating to intellectual properties, including trade mark and copyright. However, still an action initiated through the court of law, yields better results and are more effective. Moreover, once the authorities act under the instructions / orders of courts, they act more rationally and in a duty bound manner, resulting in lesser harassment, cost and time.

Though the best way to find details and extent about the piracy of the trade mark / copyright is companies own marketing net work, another best alternative is engagement of detective agencies on contractual basis, which in alternative have their own network. Information can be obtained about the infringement / piracy of goods by conducting surveys in major metropolitan cities of India and such surveys will lead to and result in the identification of manufacturing unknots, go downs, distribution network and retailing chain.

India being a very large country in geographical terms and densely populated country, it is practically very difficult to completely prevent piracy / infringement / violation of intellectual property rights. However, the civil and criminal legal actions have their own advantages and limitations. Generally piracy in India takes place in unorganized sector and small scale industries, which are a difficult proposition from enforcement point of view.

In civil suits, which are filed against infringements, a separate suit has to be filed against each and every company / firm / individual, as the infringement by each pirate will amount a new cause of action, separate suits have to be filed against each of them. Comparatively civil remedies are easier than criminal remedies.

However, the effectiveness of criminal remedies followed with publicity campaign is more, compared to civil remedies, as a raid / criminal action in the court of law or by police acts as a deterrent and carry a psychological effect. In India any criminal action / prosecution is treated as a social stigma leading to condemnation by the society in General.

The choice of civil or criminal remedies will depend upon the facts and circumstances pertaining to every case, and the same cannot be universalized.

It is pertinent to note that both Civil and Criminal remedies are simultaneously available against the infringement and passing off of a trade mark: -

“Infringement action can be initiated, when a trade mark is registered”.
“Passing off action can be initiated when a trade mark is unregistered”.