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
News & Updates, Thought Leadership
•
Nov 04, 2026

Imagine discovering an Instagram account using your company’s name, a website offering products under a deceptively similar identity, or an AI-generated

Can AI Steal Your Brand Identity? Trademark Squatting and AI Misuse in India
News & Updates, Thought Leadership
•
Nov 02, 2026

First published by AsiaIP. Author: Lakshmidevi Somanath Copyright law has traditionally addressed the asymmetry between the costs of creating a work and

What is Copyright Worth When Machines Do the Creating? Lessons from Streaming and Gaming
News & Updates, Thought Leadership
•
Oct 31, 2026

A startup has developed a new technology, filed a patent application and begun building its product. The filing is an important milestone. But what happens

Your Startup Has Filed a Patent. Now What? The Commercial Value of IP
News & Updates, Thought Leadership
•
Oct 29, 2026

‘First published on Chambers’ By: Lakshmidevi Somanath and Kanishka Vaish Leveraging the Process of Interim Injunction as a Strategic Instrument in

Leveraging the Process of Interim Injunction as a Strategic Instrument in India & U.S. IP Litigation