Home Management Team IPR Investigator Services Legal Opinion on IPR Photo Gallery Links Contact Us
 
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
PROCEDURE FOR FILING OF CRIMINAL COMPLAINT

Criminal Complaint in the Court of competent jurisdiction;

Pre summoning Evidence, for satisfying the court on the basis of the evidence placed on record, that the allegations by complainant are prima facie maintainable;

Issue of General/ specific search and Seizure Warrants, along with directions to police;

Raid / Search & Seizure by Police

Investigation and / or arrest of accused persons;

Arguments;

Summons / Warrants against accused persons;

Accused Appear and seek bail;

Framing of charges, after notice of allegations;

Trial

Onus of proof is on the complainant


TIME FACTOR IN LITIGATION IN INDIA

In India judicial process is little bit time consuming process due to pendency of litigations in courts. District Courts are faster in deciding disposing off case finally, the High Courts are faster in granting interim relief. However, on the basis of our experience, we can quantify the time consumed in civil and criminal action at initial stages i.e. at the stage of Interim Injunction / orders of search and seizure.

Please note that if Ex-parte interim injunction is granted by the court, the same takes only one day to obtain the order, however if the court prefers to give a notice to the defendant before granting any interim order, it may take anything between one week to one month.

It may be noted that in case of a criminal complaint, the court may hear the case and pass the orders for search & seizure on the same day of the filing of the criminal complaint or adjourn the case for 2-3 days for preliminary evidence, arguments and consideration. Normally the criminal process takes one week to initiate.

INFORMATION AND REQUIREMENTS FOR FILING OF A CIVIL SUIT/ CRIMINAL COMPLAINT

It may be noted that following information / details / documents for initiation of appropriate legal proceedings, may be necessary: -

Detailed profile & history of your company.

Significance of the trade mark “xxxxxxxxx”.

Product range / product profile / trade mark profile.

Complete catalogue / brochures / price list.

Year of adoption and user of the trade mark.

Year wise sale figure of the products under the trade mark “xxxxxxxxx”, since the year of the adoption of the trade mark.

Year wise advertisement figure of the products under the trade mark “xxxxxxxxx”, since the year of the adoption of the trade mark.

Copy of 2-3 bills every year / in which the trade mark xxxxxxxxx is mentioned, since the year of the adoption of the trade mark.

Copy of 2-3 advertisement of every year / in which the trade mark xxxxxxxxx is mentioned, since the year of the adoption of the trade mark.

Copy of some correspondence by your customers / clients.

Some information / details about your clientele.

Some information about your tie ups / arrangements / technology details, to convince the court about the bonafied and goodwill of your claims.

Countries of export / import and where your business activities exist.

List of persons, their proprietor / partners/ owners / or any other known information with address, who are infringing  trade mark / copyright, along with

Their product details / range

Business activities

Estimated / expected loss by them
Area of business
Brochures / pamphlets / labels / photographs and other business info
Whether any such infringer is related with your company in any manner, whatsoever, at any point of time during your business activities, their status in your company, nature of information available to them, and when they disassociated themselves from your company.
Estimated / expected loss by them

15. List / detail / information / documents / pleadings about all litigations, cases, complaints filed by plaintiff/ petitioner company or notices sent (preferably with copies), w.r.t. any matter related with infringement of trade mark / copyright, so that the courts may not take any adverse view against your company, relating to concealment of any relevant fact / information / delay / latches, with

Name / designation of the court

Case / fir / suit no.

Next date of hearing

Fate of the case, if decided, with copy of the order

Copy of pleadings

Any other information / detail, which may be proper and deemed, fit.

 
   
   
All Copyright Reserved © 2009 Site by Greves Group