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IPR Rights

 

As a general rule where there is a right there is remedy. This principle has been specified according to a well known maxim" ubi jus ibi remedium" The law protects the intellectual property of a person. The right to claim protection in case of violation of intellectual property is a statutory right. In India the infringement or violation of Intellectual property is governed by four main statutes. These are (i) The Trademarks Act, 1999 (ii) The copyright Act, 1957 (iii) The Patents Act, 1970 and the (iv) Designs Act, 2000. Apart form these an aggrieved person can also seek help from the provisions of Specific Relief Act, or Indian Penal Code. However generally people seek civil remedy for enforcement of Intellectual property rights.

An aggrieved person can file a suit in a court of competent jurisdiction seeking relief of injunction, damages, accounts and delivery of infringing goods or article. The relief of injunction is the most common, effective and important relief. The right to seek injunction has been expressly provided in all the four statutes concerning Intellectual Property Rights and the procedure and principles laid down in the Code of Civil procedure, and Specific relief act. In cases of urgency wide discretionary powers have been conferred upon the courts to grant interim injunction subject to certain terms and conditions. An injunction is issued if the plaintiff proves the case at the time of trial. It is to be noted that the rights pertaining to intellectual property have been conferred upon unregistered proprietors also but it is sought in a different manner.



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