Why is there a need for IP Litigation?

Intellectual Property Rights (IPRs) provide an adequate legal framework to protect the interests of innovators and creators. IPRs enable them to gain from their intellectual endeavors by creating an exclusive right over them for a specified duration. Creations of the human mind, IPRs, in other words, secure and enforce legal rights to inventions, designs, artistic works, and brands.
Even though India has a well-organized system of judicial mechanism which caters to the need of registration, protection, and enforcement of intellectual property, IPR litigation is quite diverse owing to different IP segments such as patents, copyrights and trademarks and the like.

Why is there a need for IP Litigation?
With the advancement of science and technology and global business, India has shown considerable growth in its research and development efforts, besides the emergence of a large number of start-ups. In view of these challenges, India has evolved a robust IPR regime. 
As a World Trade Organization (WTO) member since 1995, India provides IP protection to creations of human intellect. However, IPR laws lack effective enforcement in the country. 

The emergence of internet and digital technology has made it easier to showcase intellectual property online, but this scenario has made it extremely easy to copy someone's words or ideas and present them as one’s own. Published works are very susceptible to plagiarism/piracy, and it’s quite difficult to monitor all such cases and bring the perpetrators to justice.
To protect one’s rights, a law suit may be filed in any court of original jurisdiction. Starting from the lowest court of "District and Sessions Judge", these cases can also be filed in the High Court having original jurisdiction subject to the payment of court fees. 
Aneja and Aneja excels in IP Litigation

Aneja and Aneja is at the forefront of creating judicial precedents – trademarks, patents, copyright, and the like. Our expert litigation team has successfully represented several leading companies across industries, and in the process made a recognizable contribution to the development of IP jurisprudence in the country. 

We advise on:

  •  Managing exposure to risk
  •  Help solve disputes in a cost-effective manner
  •  Provide solutions to complex litigation issues that are aligned with our clients’ business objectives. 

The seasoned litigators at the firm have expertise in:

  • The enforcement of trademark, patents, copyrights, and design rights including suits for infringement and passing off appeals, writ petitions, special leave petitions, rectification/revocation petitions, etc. before various courts and tribunals in India. 
  • We handle all criminal enforcement actions including those that seek to address piracy and counterfeiting concerns. 
  • With pan India capabilities, we are well equipped to deal with all matters of IP investigations and enforcement programs.
  •  Alternate dispute resolution (ADR) mechanisms and aiding clients in arbitration, mediation and conciliation actions.
  • Commercial litigation proceedings before various forums in the country, tackling domain name disputes before all major domain name dispute resolution forums including WIPO/ National Arbitration Forum and .IN Registry/NIXI, and border control measures including the filing of custom watch notices.

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