IP Infringement Litigation

How It Works

1. 1

   Rights Audit and Infringement Analysis

   Advocate reviews your IP registrations, assesses the strength and scope of your rights, and analyses the infringing activity to confirm the legal basis for action across civil and criminal avenues.

2. 2

   Evidence Gathering and Preservation

   Purchase of infringing samples, digital evidence capture with timestamps, engagement of a court commissioner for search and seizure where necessary, and preparation of technical comparison reports.

3. 3

   Cease and Desist Notice

   A formal legal notice is sent demanding immediate cessation of infringing activity, recall of infringing products, and payment of damages, which may prompt settlement or strengthen the court record.

4. 4

   Filing for Interim Injunction

   An urgent application under Order 39 CPC is filed in the appropriate court seeking an ex parte interim injunction to halt the infringement pending final determination of the suit.

5. 5

   Main Suit and Discovery

   The main suit for permanent injunction, damages, or accounts of profits is filed. The parties exchange pleadings, documents are discovered, and witnesses are examined and cross-examined.

6. 6

   Final Hearing and Enforcement of Decree

   Written and oral arguments are made before the court, which delivers its judgment. The decree is then enforced through execution proceedings against infringing stock and assets.