Fighting it out

Pravin Anand and Nishchal Anand evaluate IP dispute resolution processes in India

Litigation has proven to be the most effective tool to combat trademark and copyright infringement in India. In fact, matters of counterfeiting and piracy often result in a settlement pursuant to the IP owner filing a lawsuit for infringement and obtaining an ex-parte ad interim injunction along with an Anton Piller order, i.e. a direction to enter the defendant’s premises and search and seize infringing goods. These matters usually end in settlements where the defendant suffers a decree and may also agree to pay damages.

Contentious matters may not get settled as easily. However, India’s courts have developed rich jurisprudence in this field, which has resulted in parties being able to estimate somewhat accurately their chances of success, and better manage their cases. Delhi High Court took the first positive step in this direction in 2002, when it directed the parties in Bawa Masala Company v Bawa Masala Company Pvt Ltd to refer the matter for early neutral evaluation.

In the past five years, Delhi High Court has referred a number of trademark and copyright disputes to Samadhan – the Delhi High Court Mediation and Conciliation Centre, which has played an instrumental role in quickly disposing of matters. The mediators empanelled with Samadhan are lawyers from the Bar, highly trained in dispute resolution and knowledgeable about trademark and copyright law in India.

Pravin Anand is the managing partner of Anand and Anand. Nishchal Anand is a senior associate at the firm.