ENFORCEMENT OF RIGHTS AND REMEDIES AGAINST INFRINGEMENT

ENFORCEMENT OF RIGHTS AND REMEDIES AGAINST INFRINGEMENT

The various legislatures that have been enacted assured the IP owner certain rights, these rights also specify what are to be considered as violation and the punishment or fine for such punishments.so of them are listed below.

1.      Patent: (Ref: Patent act :1970, Patent rules:2003) :

·         Patent enforcement is a lawsuit filed by the patent holder against parties who have infringed upon their patent rights. 

Patent infringement remedies:

a.       Civil remedies:

·         Patent enforcement usually results in one of two legal remedies.  

·         The first is a monetary damages award, where the infringing party agrees to reimburse the patent holder for any economic losses caused by the infringement, as well as royalties. 

·         The second involves an injunction, which is basically an order requiring the defendant to cease their infringing activities.

b.      Criminal remedies:   

·         Section-118, Patent act: Punishment of contravention of secretary provisions relating to certain inventions and punishment of offences by companies.

·         Section-119, Patent act: Punishment against falsification of registry in register.

·         Section-120, Patent act: Punishment against claim of unauthorized patent rights.

2.      Copy right: (Ref: Copy right act :1957, copy right rules:1958):

·         Infringement of copyright occurs when someone uses a copyright work as a whole, or any substantial part of it, without the copyright owner’s permission and their use is not covered by a copyright exception

Copy right infringement remedies:

a.       Civil remedies:

·         Interlocutory Injunctions:  It is a court order to compel or prevent a party from doing certain acts pending the final determination of the case

·         Pecuniary remedies: compensatory damages which let the copyright owner seek the damages he suffered due to the infringement.

·         Anton pillar orders: an injunction restraining the defendant from destroying or infringing goods

b.      Criminal remedies:
   

·         Punishment through imprisonment which, under Indian law, may not be less than six months but which may extend to three years

·         Fines which, under Indian law, shall not be less than Rs.50.000. and which may extend to Rs. 200,000.

·         Search and seizure of the infringing goods including plates which are defined as including blocks, moulds, transfers, negatives, duplicating equipment or any other device used or intended to be used for printing or reproducing copies of the work.

·         Delivery up of infringing copies or plates to the owner of the copyright.

3.      TRADE MARK: (Ref: trade mark act :1999, trade mark rules:2002): Trademark law grants a monopoly on the use of a word, phrase, symbol or design that distinctively identifies a product used in commerce. You can protect your trademark locally by using it in commerce before anyone else does. 

a.       Civil remedies:

·         Temporary injunction, as the name suggests, is for a stipulated period of time or until any further court order and can be granted at any stage of the suit. 

·         Interlocutory Injunctions

·         Pecuniary remedies

·         Anton pillar orders

b.      Criminal remedies:

·         Section-482: punishment against using false property mark.

·         Section-486: punishment against selling the goods with copied TM.