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ARTICLE · 18 AUGUST 2016

IP Enforcement In India

District courts and certain High courts in India have the original jurisdiction to try suits pertaining to infringement of Intellectual property rights in India.

IndiaIntellectual Property

Primary authorities responsible for carrying out IPR enforcement are:

  • Courts (District Courts and High Courts).

District courts and certain High courts in India have the original jurisdiction to try suits pertaining to infringement of Intellectual property rights in India. The courts are generally very prompt in granting ex parte interim injunctions and appointment of Local commissioner for search and seizure of infringing goods in suits pertaining to infringement of intellectual property rights

There are effective methods for the enforcement of the orders of the Court, including Contempt of Court proceedings, which provides for a fine as well as imprisonment, in case of non-compliance of the order of the Court. Execution/ compliance of the orders of the court are also done by way of appointment of the Local Commissioner/Receivers by the Court. In India, certain State Governments have formed Special Intellectual Property Cells, which deal with offences

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