
DESIGN
As far as enforcing Intellectual Property Rights is concerned, India’s judicial system consists of three tiers.
Intellectual Property Rights can be enforced through litigation in the District Courts and higher.
Litigation practice begins in the district courts and extends all the way to the apex court, such as India’s Supreme Court. In addition to District Courts, a few High Courts also have original jurisdiction to hear suit proceedings relating to Intellectual Property Rights
Litigation with passion at the core.
The newly constituted Intellectual Property Appellate Board deals with rectification and/or cancellation of already registered/granted Patents and Trademarks. Consequently, Intellectual Property Rights are enforced often before the District Court, various High Courts, and Supreme Court as well as before Intellectual Property Appeals Boards
One of the best and most active litigation wings at our firm is comprised of lawyers with extensive and diverse litigation experience. I have brought infringement and passing off litigations both civil and criminal to various High Courts, Supreme Courts and District Courts and the newly formed Intellectual Property Appellate Board for several clients.
- Assisting clients with Passing off and Infringement suits relating to Patent and Industrial design matters whether the Patent or Design is registered or unregistered.
- Whether the copyright of design is registered or unregistered, initiating and defending Passing off and Infringement suits relating to copyright and industrial design matters.
- Establishing and defending Passing off and Infringement proceedings irrespective of whether the trademark or trade name is registered or unregistered.
- Filing and defending appeals against orders or actions of the Trademark and Patent Office before the Intellectual Property Appellate Board.
- All matters related to IP including cancellation and revocation petitions filed with the Registrar of Trademarks / Controller of Patents & Designs and the Copyright Board
As a result of our litigation expertise, we have handled several complex cases involving prior art, area of operation, innovation, novelty, prior and continuous use, and acquiescence and delay in infringement and passing off lawsuits.