Frequently Asked Question - Litigation
Explore commonly asked questions about IP Litigation Law, covering regulations and benefits. Get answers here.
What is litigation?
Litigation is a process of resolving disputes between parties through the judicial/ court system. It involves bringing a legal action or lawsuit before a court of law, administrative agency, or other judicial body to seek a resolution to a dispute/ disagreement or conflict. These disputes can range from contract breaches and business disagreements to personal injury claims and complex commercial litigation.
What is the role of a Legal Firm in litigation?
Legal Firms usually have a specialized team of lawyers also known as litigation attorneys who represent clients in legal disputes that escalate to formal proceedings in courts or administrative bodies. The primary role of a litigation attorney is to advocate for its clients' interests and rights through the legal process, employing strategic planning, negotiation, and courtroom advocacy to achieve favorable outcomes. The litigation attorney understands the underlying issue or conflict that led to the litigation and helps in determining the legal grounds, applicable laws, and potential strategies for resolution. Legal Firms are geared to provide its clients the potential outcomes of litigation, including best-case and worst-case scenarios which in turn helps the client in understanding risks, such as costs, time involved, and potential adverse rulings, which is vital for informed decision-making.
Are there opportunities for settlement or alternative dispute resolution (ADR)?
Exploring settlement options or alternative dispute resolution methods, such as mediation or arbitration, can potentially resolve the dispute more efficiently and cost-effectively than full-scale litigation.
What are the potential costs and fee arrangements?
Assessing the financial implications of litigation, including legal fees, court costs, and potential damages or awards, is crucial. Discussing fee structures and payment arrangements with your litigation firm helps manage financial expectations.
What types of cases does ZeusIP litigation team handle?
ZeusIP specializes in a diverse array of litigation matters encompassing patents, trademarks, intellectual property, copyright, and related areas. The firm has extensive experience in highly sensitive, complicated and contentious Trademark, Patent, Design and Copyright litigations including formulation of strategies which are customized to each case.
Starting as an IP litigation firm and having a track record of successful IPR litigation matters, ZeusIP has gradually diversified into other streams. Today, ZeusIP provides advisory to its clients, formulates strategy and assists for litigation before various courts and forums/ tribunals throughout India, such as -
- Dispute Resolution
- Bankruptcy & Insolvency
- Consumer Disputes
- Employment
- Information Technology and Data Protection
- Negotiable Instrument Act issues
- Commercial Transactions and Contractual Issues
- Media& Entertainment Law
- E-commerce & Retail
- Real Estate
- Private Client Practice
How experienced are your attorneys in handling litigation cases?
ZeusIP litigation team comprises highly experienced attorneys with diverse backgrounds in litigation. Each attorney brings years of expertise to the table.
What should I expect during the initial consultation with your firm?
During your initial consultation, we will discuss the details of your case, assess its strengths and weaknesses, and provide you with an overview of our approach to achieving your legal goals.
How long does litigation typically take?
The duration of litigation varies widely based on factors such as case complexity, court schedules, and negotiation efforts. We aim to resolve cases as efficiently as possible while prioritizing favorable outcomes.
What sets ZeusIP litigation practice apart from others?
Our firm distinguishes itself through our commitment to personalized client service, strategic legal advocacy, and a track record of achieving successful outcomes in complex litigation matters.
What do you mean by intellectual property (IP) infringement?
When a person/entity who is not authorized, uses the intellectual property (whether trademark/ copyright/ design/ patent/ trade secret, etc.) owned by another, the said person/entity is said to have infringed upon the holder’s intellectual property rights. Such unauthorized use of another person’s intellectual property is referred to as intellectual property infringement.
What is intellectual property litigation?
It is the process wherein a legal action is brought by the owner of an intellectual property against the infringer before a court against a wrong related to intellectual property. An action can be brought against such a person when he/she has infringed the IP rights of another person, or even is likely to infringe upon such IP rights.
Do I need to register copyright for my work for an infringement suit?
Registration of copyright is not mandatory as the copyright comes in existence the moment a work is created by the artist. Consequently, there is no mandate to obtain copyright registration for the purpose of filing an infringement suit before the court of law. It is however, recommended that the copyright should be registered as the same can be used as evidence as to the ownership of the copyrighted work.
What is the difference between a civil and a criminal litigation in cases of intellectual property rights?
In civil cases, the owner of an intellectual property generally carries forward the entire case – from the institution of the case to its completion – and obtains the reliefs of a temporary or permanent injunction, seizure of goods, and/or compensation in the form of monetary damages.
In criminal proceedings, the role of the owner of an intellectual property is limited after the first instance of filing a criminal complaint with the police. Thereafter, the entire process is led by the State in tandem with the police. Such proceedings allow for the arrest of the infringer and the payment of fine (generally paid to the State government) and acts as a strong deterrent for infringers, especially counterfeiters. However, the criminal remedy for IP cases is restricted to registered IP holders of trademarks and/or copyright only while civil remedies do not solely depend upon the registration of an IP right for a person to protect his/her intellectual property.
What are the remedies available in case of an infringement of one’s intellectual property rights?
The owner of the intellectual property is entitled to a decree or order of permanent injunction by the court against the infringer of an intellectual property, which stops the infringer from unauthorizedly using the owner’s intellectual property. Further, an infringer may also be temporarily be injuncted against the use (in any manner) of the concerned intellectual property if the court feels so and such a relief may be granted at the first date of hearing of the case itself.
The courts of India also allow for the search and seizure of infringing material from the opposite party’s premises, with or without prior intimation to the opposite party, provided the court feels there is a fit case to allow such seizure of material.
Additionally, if found guilty, an infringer can also be made to pay damages/ compensation to the aggrieved party. For parties who may have a prior history of infringing activities or whose malafide intent has been proved in court, the court may award a substantial or exemplary amount as damages/ compensation to the owner of the intellectual property.
Can I recover the costs of litigation expenses in case I win a case?
Indian courts allow recovery of the legal costs put into litigation. This relief is available to either party which wins the case (Plaintiff or Defendant). However, the amount is determined by the court.
What happens if I delay the filing of or choose not to file a case against an infringer of my intellectual property?
Time plays an important role in IP litigation. A delayed filing of a case, where the infringer’s activities was in the knowledge of the Plaintiff, can prove beneficial to the infringer and could stand to affect the chances of obtaining a successful order or of obtaining higher damages against the Defendant. However, this is not a fixed rule and it depends on a case to case basis.
Further, in case of certain IP such as patents and designs, it becomes all the more important to file a case at the earliest since these IP are granted for a very limited period of time, unlike trademarks and copyrights which are retained by the owner for a comparatively longer period of time.
Which courts have jurisdiction to hear an IP case in India?
Jurisdiction is categorized into three types, all of which have to be satisfied in order for a court to hear/adjudicate a particular IP dispute:
Subject Matter jurisdiction:
This refers to the ability of a court to pass judgement/ orders on the nature of a dispute. The subject matter jurisdiction to hear an IP dispute lies at the minimum level of the district courts of India and goes all the way upto the Supreme Court of India.
While cases in the High Court generally reach only by way of an appeal from the order of a district court, the High Courts of five states in India have the original jurisdiction to hear IP cases at the first instance, without a case having to first be filed at the level of the lower (district) court. These are:
a. High Court of Delhi at New Delhi;
b. High Court of Bombay at Mumbai;
c. Calcutta High Court at Kolkata;
d. High Court of Judicature at Madras (Chennai); and
e. High Court of Himachal Pradesh at Shimla.
Territorial Jurisdiction:
Depending upon the facts of a particular case, any court at the level of the district court (or the five High Court mentioned above having original jurisdiction) may have the territorial jurisdiction to hear certain IP disputes, provided the Defendant resides within the jurisdiction of the said court and/or cause of action arises within the territorial limits of the said court. Apart from the same, there are special provisions under The Trade Mark Act and The Copyright Act which allows the Plaintiff to file the case before the court where the Plaintiff is residing.
Pecuniary Jurisdiction:
Pecuniary jurisdiction decides the hierarchy of the courts in which a dispute would lie. This depends on the valuation of the particular IP or the amount of compensation/ damages sought by a Plaintiff. Different courts have different pecuniary jurisdictions. However, the Commercial Courts Act, 2015 states that any IP dispute having a minimum valuation or claim of INR 3,00,000/- must be filed at the level of the district court. A higher valuation, however, allows for directly obtaining the jurisdiction of any one of the five High Courts having original jurisdiction. In the state of Delhi, for example, a minimum valuation or claim of INR 2,00,00,000/- is required to institute a suit before the High Court of Delhi.
Are there any alternatives to IP litigation?
Yes, there are alternative dispute mechanisms available for an IP litigation case which one can consider either before filing a case or during the pendency of a case. This popularly includes mediation (whether through the help of the court or between the lawyers of each party). Further, while IP disputes are generally not arbitrable in nature, IP disputes may be arbitrated where the dispute arises from a contract between two parties, containing such arbitration clause.
On whom does the burden of proof lie in case of intellectual property litigation?
The burden of proof in an IP litigation case generally rests upon the Plaintiff, who is required to prove its case against the Defendant.
How often will a party be required to go to court?
At an interim stage, the courts seldom direct the parties to be present in person. However, if the matter proceeds to trial, the party to the suit, or his/her Authorised Representative, shall be required to depose his/her evidence.
Disclaimer: The sole purpose of this article is for information only and not to be construed as any legal advice.