ENFORCEMENT

Enforcement actions are those taken by IP owners against the unauthorized use of their IP by infringing third parties. These actions, which must follow a strategic enforcement plan, aim at putting an end to concrete infringing acts as well as to repair the damage suffered. Furthermore, they may have a dissuasive effect as it shows certain proactivity by IP owners in protecting their proprietary rights which may discourage potential infringes.

There are different types of IP enforcement actions, which can mainly be classified into the following categories: initial enforcement measures, online enforcement, civil enforcement, criminal enforcement and customs enforcement.

There are three IP enforcement channels – police, customs and judiciary. Trademarks and copyright can be enforced through civil or criminal litigation, whereas patents and designs can only be enforced through civil litigation. The risks with IP enforcement are:

Systemic and capacity related problems faced by the police, compounded by lack of awareness about IP protection amongst the public. Judicial delays, where courts can take years to come to a final decision. Indian courts can, however, grant interim injunctions that provide immediate relief to rights-holders pending the outcome of cases against infringes; Small players account for a large number of IP infringements. This means that seizures tend to be small, requiring a sustained and costly effort in order to make any significant impact. While these actions are independent of each other, enforcement strategies often combine them, applying them in succession or, often, simultaneously.