| REMEDIES AVAILABLE UNDER INDIAN LAWS |
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CIVIL REMEDIES |
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Injunction/ stay against the use of the trade |
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Damages can be claimed |
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Accounts and handing over of profits |
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Appointment of local commissioner by the court for custody/ sealing of infringing material / accounts |
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Application under order 39 rule 1 & 2 of the CPC for grant of temporary / ad interim ex-parte injunction |
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Procedure for filing a Civil Suit |
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Filing of plaint, with supporting evidence at the time of filing of the suit; |
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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; |
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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.; |
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Hearing of arguments by court on application for grant of ex-parte injunction and appointment of local commissioner; |
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If the court is satisfied, the court may grant ex-parte and interim injunction and appoint a local commissioner. |
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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; |
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Service of notice/ summons of the court on the defendants; |
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Filing of written statement / reply by the defendant; |
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Hearing on application for grant of interim injunction; |
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Further proceedings in the suit including filing of replication / rejoinder, admission / denial of documents, framing of issues; |
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Trial
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Judgment by the court. |
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Remedies in case of non compliance of interim injunction / final decision of the court |
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Contempt of court action, leading to punishment in terms of fine and / or imprisonment; |
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Execution of decree; |
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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 |
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Filing of criminal complaint before the chief judicial magistrate / chief metropolitan magistrate, of the concerned jurisdiction |
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Leading evidence w.r.t. the infringement of the trade mark |
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Filing of application under sec. 93/94 of the Cr.P.C for issue of search and seizure warrants |
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Orders/ directions by the court to police for the search and seizure of infringing material by the police |
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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. |
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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
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