Infringement of Trademarks and Patents

Author: Divanshi Gupta, Student, University Institute of Legal Studies, Panjab University, Chandigarh, India

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Abstract

Across the globe, the trademarks and patents are recognized as one of the Intellectual Property. Nationally as well as internationally, there are many institutions that have developed some regulatory measure to deal with the protection of trademarks and patents. The Indian patent office governed by the Controller General of Patents, Designs and Trademarks, is an institution that safeguards the trademark and patents from its infringement. India, the awareness regarding IP protection is increasing; owners of trademark and patentee are becoming more and more conscious to protect their intellectual property. The procedure followed in conducting a suit for infringement is governed by the provisions of the Civil Procedure Code. The actions against the infringement of trademark and patents have been made a statutory right under the Trademarks Act, 1999 and Patents Act, 1970 respectively. Section 29 of the Trademarks Act, 1999 defines trademark infringement and the offender has to face both civil and criminal charges. However, in the case of patent infringement, only civil action can be initiated in a court of law. It is pertinent to mention that the cases relating to such disputes are generally filled in a court not inferior to the district court. But, it could be filled in the High Court with original jurisdiction. This article broadly discusses about the infringement of trademarks followed by the patents. It intends to help us understand the types of infringement, jurisdiction, remedies, the burden of proof and the penalty for such violations.

Keywords: Intellectual Property rights, infringement, trademarks, patents, liabilities

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