IP litigation arises when one party claims against another party for infringing their IP right. Our practice in Intellectual property litigation includes trademark or trade dress litigation, patent litigation, and copyright litigation. Intellectual innovations, such as creative works created with the sincere efforts of the human mind, can be protected through IP litigation. These works fall into the categories of inventions, creative designs, musical compositions, and dramatic works.
Remedies for IP Infringement:
• Civil remedy
• Criminal remedy
• Arbitration
• Mediation
IP holders can use civil courts to enforce their rights through registration of specific IP, such as patents, designs, trademarks, and copyrights, or through common law rights in trademarks and copyrights based on their long history of use and creation. A court may, as a stopgap measure, mandate the preservation of evidence related to the alleged intellectual property infringement. A court may order an infringer to cease their infringement and provide compensation for any damages you may have suffered once the infringement has been proven. In cases in which intellectual property (IP) infringement is considered a criminal offence under the relevant national law, such as deliberate and commercial copyright piracy or trademark counterfeiting, you have the right to notify the relevant authorities and request an investigation into the matter.
IP litigation is expensive and the burden of enforcing IP rights is mainly on the holder of such rights. An arbitration or mediation procedure helps parties to reach mutual satisfactory settlement or an award of damages through arbitration is easily enforceable. Due to the massive backlog of cases that Indian courts are currently handling, intellectual property stakeholders are striving to distinguish between cases that can be settled amicably through alternative dispute resolution procedures like arbitration, mediation, and conciliation.
We have the expertise to support clients in the prosecution or defence of any dispute pertaining to trade secrets, copyrights, trademarks, and unfair competition. Together, we will identify your company’s needs and develop a plan to settle your conflict in a timely and constructive manner.