IP Infringement Litigation

Patent infringement suits must be filed in the District Court having ordinary civil jurisdiction where the defendant resides or carries on business, or in the High Court having original civil jurisdiction. Trademark and copyright infringement suits may be filed in the District Court or the High Court as appropriate. Since the Commercial Courts Act, 2015, IP disputes above the specified value (currently above three lakh rupees) are heard by the Commercial Court or Commercial Division of the High Court. The Delhi High Court has original jurisdiction over all trademark cases where the plaintiff resides or carries on business in Delhi.

Yes. Courts routinely grant interim injunctions under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908 to restrain ongoing infringement pending the final hearing. To obtain an ex parte injunction without notice to the other side, the applicant must demonstrate a prima facie case of infringement, a balance of convenience in their favour, and irreparable injury that cannot be adequately compensated by damages alone. Indian courts in IP matters have been relatively willing to grant interim injunctions where the plaintiff holds valid registrations and can show a clear case of infringement.

Under the Trade Marks Act, 1999 (Section 135), the Copyright Act, 1957 (Section 55), and the Patents Act, 1970 (Section 108), the court may award a permanent injunction restraining further infringement, damages for loss suffered by the plaintiff, an account of the profits made by the defendant through the infringement, delivery up of infringing goods for destruction, and costs of the proceedings. In patent matters, courts have also awarded punitive damages in egregious cases. For copyright, conversion damages are separately available under Section 58.

Under the Commercial Courts Act, 2015, cases in the Commercial Division of the High Court are subject to prescribed timelines: the defendant must file a written statement within thirty days (extendable to one hundred and twenty days in exceptional cases), and the court is required to conduct case management hearings to set a trial schedule. In practice, a final judgment from a Commercial Court may take one to three years depending on the complexity of the case. However, most IP disputes are resolved at the interim stage or through settlement after an interim injunction is granted.

Yes. The Delhi High Court has developed the concept of dynamic injunctions in cases such as Amway India Enterprises versus 1MG Technologies, which allow the court to issue a single order requiring e-commerce platforms to take down listings of counterfeit goods as they appear without requiring a fresh application for each new listing. Rights holders can also file notices under the platform's brand protection programme. Platforms operating in India are required under the IT (Intermediary Guidelines) Rules, 2021 to take down infringing content upon receipt of a valid takedown notice.

Customs recordal is a mechanism under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007 by which a registered rights holder may record their IP rights with the Customs Department. Upon recordal, customs officials are empowered to detain and seize consignments of imported goods suspected of bearing counterfeit trademarks or pirated copyright material. The rights holder is then notified and given an opportunity to inspect the goods and initiate civil or criminal proceedings. This is a powerful tool against organised counterfeit imports.

Yes. Criminal remedies are available for trademark infringement under Sections 103 to 105 of the Trade Marks Act, 1999, which provide for imprisonment of up to three years and fines for applying false trade marks and for selling goods with false marks. Copyright infringement under Sections 63 and 63A of the Copyright Act, 1957 carries imprisonment of six months to three years and fines for intentional commercial infringement. Patent infringement does not have a criminal remedy under the Patents Act, but infringers may face contempt of court if they violate an injunction order.

Patent infringement cases almost invariably require technical expert evidence because the court must compare the defendant's product or process against the claims of the patent, which requires interpretation of technical language. An independent technical expert with qualifications in the relevant field prepares a report opining on whether the defendant's product or process falls within the scope of the patent claims. The expert is examined as a witness and may be cross-examined by the opposing party. The quality and credibility of the technical expert can be decisive in the outcome of a patent infringement suit.