Skip to main content

Pravin Anand and Binny Kalra discuss IP’s unique developmental path in India, where courts have been under pressure by increasingly competitive industry to refine and evolve the system.

Old time practitioners of intellectual property fondly remember the classic cases that would come up before the courts; simple cases of copying where defendants would offer an undertaking and the case would settle right at the threshold. There was no question of a trial.

Today, Indian intellectual property is a unique genre. You need only look at the concept of trans-border reputation to protect well known trade marks (if only the US would protect Bkhara, Tata and other Indian trademarks in the same way). Software companies like Microsoft, Adobe, Autodesk combine in a single law suit against a common defendant and with appropriate injunctions and Anton Piller Orders, are able to settle with damages in record time of a few days due to sweeping procedural changes that have led to expedited trials and portend a future for punitive damages.

This article was published in IP Focus 2012.

Read more

Most Recent

News & Insights

VIEW ALL
Thought Leadership
Feb 04, 2025

‘First published on Lexology’ The India Cyber Threat Report 2025 by the Data Security Council of India identified Deepfake exploitation as one

Real or Fake? Dealing with Deepfakes Dilemma in Digital Society
Thought Leadership
Sep 25, 2024

‘First published on IAM‘ By: Vaishali R Mittal and Siddhant Chamola In summary This article covers the biggest judicial decisions in Indian patent

India: recent SEP rulings and evolving jurisprudence shaping patent landscape
News & Updates
Sep 19, 2024

Two key representatives from the World Intellectual Property Organization (WIPO) Madrid Registry visited our office on September 19 to understand the needs

WIPO representatives visit Anand and Anand office
News & Updates
Sep 13, 2024

Anand and Anand has been recognised as an ‘Outstanding Firm’ for Intellectual Property in the asialaw 2024 Rankings. We have also been ranked ‘Highly

Asialaw 2024 Rankings