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Litigation

Understanding Litigation Laws in India

Intellectual Property Litigation

The awareness of Intellectual Property Rights (IPR) has surged in India in recent years, leading to an increase in Intellectual Property litigation cases. The High Court of Delhi is a key venue for such disputes, handling a significant portion of IPR-related cases in the country.

S.A.K Legal & Associates is the most trusted litigation firm in Delhi, and our IP litigation team is dedicated to protecting the IP rights of individuals and organizations. We offer comprehensive services to address various aspects of IP infringement, providing both civil and criminal remedies.

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IP Infringement: Civil and Criminal Remedies

When an IP owner's rights are violated, the aggrieved party can pursue two distinct remedies:

Civil Remedies

Civil remedies involve filing a suit for infringement and/or passing off in the appropriate court. For copyright, trademark, and patent disputes, several civil reliefs are available to the right holder:

Interlocutory/Temporary Injunction

This relief prohibits an action until the suit is resolved, granted based on a prima facie case, balance of convenience, and risk of irreparable loss.

Mareva Injunction:

It safeguards the plaintiff's interests during the trial, restraining the defendant from disposing of assets within the jurisdiction.

Anton Pillar orders

In certain cases, the court can permit the plaintiff to inspect relevant documents and articles on the defendant's premises to prevent tampering or destruction.

John Doe orders

These empower the plaintiff to search for and seize unnamed defendants engaged in infringement activities.

Permanent/Perpetual Injunction

A final order prohibiting certain activities permanently or mandating specific actions.

Damages or Accounts of Profits

Compensation for losses suffered or surrender of profits made due to infringement.

Delivery-up and Destruction

Infringing goods are delivered to the plaintiff or destroyed.

Civil and Commercial Litigation

Civil law, which governs non-criminal concerns, is primarily administered by the Code of Civil Procedure, 1908 (CPC), in conjunction with specific Acts and Rules governing corporate transactions. Compensatory payments are frequently used instead of punitive actions as remedies.

Criminal Disputes

Our litigation firm in Delhi is qualified in handling a wide range of criminal matters across all levels of courts in India, including:

Criminal Litigation

The Indian Penal Code, Code of Criminal Procedure, Indian Evidence Act, and other specialized legislation that addresses particular offenses oversee criminal law in India. Despite evolving with societal changes, the fundamental principle of criminal liability remains unchanged.

Cyber Crimes

The proliferation of technology has led to a rise in cybercrimes, prompting the formulation of specific laws to address these offenses. The Information Technology Act of 2000 defines and penalizes cybercrimes, with dedicated cyber cells established to combat them.

Disputes & Arbitration

With increasing business activities, arbitration has emerged as a popular alternative for dispute resolution. We assist in both arbitration proceedings and enforcement of arbitral awards under the Arbitration and Conciliation Act, 1996, streamlining the process for our clients.