Disputes on FRAND licensing terms for standard essential patents
Intellectual property disputes in India span patents, trademarks, copyrights, designs, geographical indications, plant varieties, semiconductor layout designs, and trade secrets. The Patents Act 1970, the Trade Marks Act 1999, the Copyright Act 1957, the Designs Act 2000, and the Geographical Indications of Goods Act 1999 provide statutory causes of action for infringement, passing off, revocation and cancellation. Enforcement routes include civil suits in the High Court (which has original jurisdiction in IP matters), criminal prosecution for counterfeiting and piracy, and customs recordal for border seizure of infringing goods. AMLEGALS handles IP disputes from cease-and-desist through trial and appeal.
Interim relief is often the decisive phase of IP litigation. Ex-parte and ad-interim injunctions, Anton Piller search orders, Mareva injunctions for asset freezing, Norwich Pharmacal orders for disclosure, and John Doe orders against unknown infringers are standard tools. The 2018 amendments to the Commercial Courts Act apply to IP suits valued at three lakh rupees and above, bringing mandatory pre-institution mediation (unless urgent interim relief is sought), summary judgment, and strict timelines. Damages in IP suits may be assessed as compensatory damages, account of profits, or punitive damages in exceptional cases. AMLEGALS pursues the full range of IP remedies with technical and commercial sophistication.
Filing and defending patent, trademark, copyright and design infringement and passing off suits with technical evidence.
Obtaining ex-parte injunctions, Anton Piller orders, Mareva injunctions and John Doe orders in IP disputes.
Filing and defending patent revocation petitions, trademark rectification and design cancellation proceedings.
Recording IP rights with customs for border seizure of infringing goods and managing the customs recordal procedure.
Computing and claiming compensatory damages, account of profits and costs in IP infringement suits.
Conducting mediation and arbitration of IP disputes including licensing, royalty and technology transfer disagreements.
The High Court has original jurisdiction over IP suits in most states. The Commercial Courts Act applies to IP disputes valued at three lakh rupees and above. District Courts have jurisdiction over IP suits in states where the High Court does not have ordinary original civil jurisdiction.
An Anton Piller order is an ex-parte order requiring the defendant to permit the plaintiff’s representatives to enter their premises and inspect, photograph and remove infringing goods and documents. Indian courts have adopted this remedy from English law in trademark and copyright infringement cases.
The limitation period for suits relating to infringement of patents, trademarks, copyrights and designs is three years from the date the cause of action accrues under the Limitation Act 1963.
Yes. IP disputes involving licensing, royalty, breach of IP agreements and other contractual IP matters may be arbitrated. However, disputes involving the validity or grant of statutory IP rights (patent validity, trademark registration) are generally not arbitrable as they involve rights in rem.
No. No engagement is treated as accepted until conflicts, scope and terms are confirmed in writing. An initial discussion is confidential and is used only to understand the matter and assess fit.
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