Commercial Disputes in Intellectual Property (IP) Matters

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Unlike other laws Intellectual Property Law is also not transparent. It has grey areas, which has to be interpreted by the courts. Indian Patent Office (IPO) is empowered to confer Intellectual Property Rights (IPRs); however, the scope of its enforceability is determined by the courts. Further, the scope of claims in Intellectual Properties (IP) particularly patents have to be determined by the court when an infringement suit is arisen.

On the other hand, registration doesn’t confer validity of Intellectual Property Rights (IPRs) for the whole term. These rights can be invalidated or challenged in the court of law during their subsistence.

Therefore, there are cases when IP assets of one person is infringed by other person, ultimately give rise to cause of action to file a IP litigation. IP litigation is the process of settling a legal dispute pertaining to IP between the parties through appropriate court or tribunals.

In these cases, the right holder always tries to get an ad-interim injunction at earliest to avoid further losses due to infringement and to recover a heavy compensation against the infringing activities. Whereas, the infringer always tries to invalidate the Intellectual Property alleged to be infringed or to establish that the acts of infringer don’t amount to infringement. In case of failure to establish invalidation or non-infringement the infringer may need to pay a huge amount to the right holder as compensation.

These commercial matters, either for proving infringement and favorable ad-interim injunction orders; or to establish invalidation of Intellectual Property (IP) Rights and establishing non-infringement need techno-legal expertise; so, the technicality in the matter can be represented before the judicial forum. It involves in depth analysis of Intellectual Property Rights (IPRs) conferred to right holder; the infringing activities and applicable law.

We at Delhi IP have IP attorneys with in depth technical understanding of IP and sound understanding of legal procedures, who assists our clients in initiating/defending commercial suits and get favorable orders.

We hope this information is helpful to you.

Thanks & Regards,

Delhi Intellectual Property LLP

Phone: +91-9911456111 / +91-9911984111

Website: www.delhiip.com

Email: info@delhiip.com

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