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Greves Protection Management-GPM is an Indian company specializing in the field of intellectual property Investigations & Support services to Indian and international companies, organizations and professional IPR Attorney/ Law services firms.
 
  LEGAL OPINION ON IPR
 

Judicial System in India
Intellectual Property Laws of India
Means of execution of the orders of courts
Autohorities involved in the execution of orders of courts
How to obtain information w.r.t. the infringement of trademark copyright
Effectiveness of legal action against infringement & piracy
Infringement of Trade Mark & legal Remedies available
Remedies availbale under Indian Laws
Copyright
Necessary Declaration of Notice
Forum / Jurisdiction for filing civil criminal litigation
Competent Court
Criminal Complaint/ FIR/ Cases
Procedure for filling of criminal complaint
Time factor in litigation in India
Information & Requirements for filling of a Civil Suit / Criminal Complaint
REMEDIES AVAILABLE UNDER INDIAN LAWS

CIVIL REMEDIES

Injunction/ stay against the use of the trade

Damages can be claimed

Accounts and handing over of profits

Appointment of local commissioner by the court for custody/ sealing of infringing material / accounts

Application under order 39 rule 1 & 2 of the CPC for grant of temporary / ad interim ex-parte injunction

Procedure for filing a Civil Suit

Filing of plaint, with supporting evidence at the time of filing of the suit;

Filing of application under order 39 rule 1 & 2 read with sec. 151 of the code of civil procedure, for grant of ex-parte ad-interim;

Filing of application under order 26 of the CPC for appointment of a local commissioner, to make inventory and / or to take possession of the infringing material form the premises of the defendants, their agents, retailers and distributors etc.;

Hearing of arguments by court on application for grant of ex-parte injunction and appointment of local commissioner;

If the court is satisfied, the court may grant ex-parte and interim injunction and appoint a local commissioner.

Else

The court may give a short notice to the defendants for giving them an opportunity of hearing before granting any temporary injunction or appointing a local commissioner;

Service of notice/ summons of the court on the defendants;

Filing of written statement / reply by the defendant;

Hearing on application for grant of interim injunction;

Further proceedings in the suit including filing of replication / rejoinder, admission / denial of documents, framing of issues;

Trial

Judgment by the court.

Remedies in case of non compliance of interim injunction / final decision of the court

Contempt of court action, leading to punishment in terms of fine and / or imprisonment;

Execution of decree;

Applicable sections
Sec. 134/ 135 of the Trade Marks Act, 1999
Copyright act, 1957
Specific Relief Act
Common law principles i.e. Principles of natural justice

Criminal remedies

Filing of criminal complaint before the chief judicial magistrate / chief metropolitan magistrate, of the concerned jurisdiction

Leading evidence w.r.t. the infringement of the trade mark

Filing of application under sec. 93/94 of the Cr.P.C for issue of search and seizure warrants

Orders/ directions by the court to police for the search and seizure of infringing material by the police

Or in alternative direction by the court to police for investigation, lodging of a fir and search and seizure, under sec. 156 of the criminal procedure code, 1973.

Statutes invoked
Sec. 103/ 104 of the Trade Marks Act, 1999
Sec. 63 and 64 of the copyright act, 1957
Sec. 420 of the IPC
Sec. 91/93 of the Cr. P.C
And other relevant provisions of law


Copyright

Registration of Copy right w.r.t any logo / trade mark is not necessary or compulsory under the provisions of the Indian Copyright Act, 1957. Automatic protection is available to an artistic work, form the date when the artistic work / logo was designed.

   
   
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