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Judicial System In India

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IP ENFORCEMENT AND LITIGATION
Judicial system in India:
Indian judicial system is based on the principles of common law. Protection of Intellectual property was not a whole new concept to the world. Nevertheless the laws were put into a statutory form in various conventions and treaty like the Patent Cooperation Treaty, the Berne Convention, and the TRIPS. Indian Intellectual Property laws are largely in terms with the earlier existing English laws as well as with these International conventions and treaties.
Sources of Law:
Sources of Law include legislations passed by the Central as well as state legislature as well as the precedents as laid by Courts. Intellectual Property was greatly …show more content…

It has original, appellate, advisory and writ jurisdiction. It is situated in New Delhi.
High Court: They are the highest authority within the states of the country. They possess original, appellate as well as writ jurisdiction.
Various tribunal and Appellate Boards: Tribunal are constituted for the purpose of resolving disputes of any particular kind. The jurisdiction and procedure of these tribunals are governed by the statutes addressing them. The Intellectual Property Appellate Board (IPAB) is one such tribunal.
District and Sessions Court: Every state is divided into district for the purposes of constituting courts. The judge presiding in order to decide such matters is the District Judge.

Remedies available for protection and enforcement of Intellectual property:
Intellectual property rights can be can be enforced through the following remedies:

Civil Remedies: Where damages are caused to the right holder and he seeks to make good those damages through compensation, the laws of Intellectual Property provides for civil remedies. Following are the kinds of civil remedies that can be chosen:
1) Interlocutory/Temporary …show more content…

Fine can be imposed from rupees fifty thousand to two Lakh rupees.

For committing the same offence for the second and subsequent time, the imprisonment shall be for a period of one year to three years and fine ranging from one Lakh rupees to two Lakh rupees.
2) For Copyrights,
Persons making or cause to be made false entry in the register of copyrights shall be punished with an imprisonment which may extend to one year and with fine.
If particulars as required by law are not entered in the sound recording or film, it is a cognizable offence under the copyrights laws, which attracts imprisonment which may extend to three years and with fine.
3) For Patents:
Offences like contravention of secrecy provisions, falsification of entries in register shall attract an imprisonment for a term which may extend to two years or with fine or both.
Unauthorised claim of patent rights can is punishable with a fine which may extend to one Lakh rupees.

Administrative

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