All the IPR laws (excluding patent and designs laws) provide penal provisions to prevent infringement.

Administrative Remedy:

If and when infringing goods are imported into Indian Territory, the IP owner can approach the Collector of Customs and prevent the entry of these goods into the Indian market. The IP owner must provide the name of the exporter, consignee, port of entry, name of the ship, etc to avail him/herself of this remedy.

Civil Remedy:

To claim damages, the IP owner will have to pay a court fee on the damages claimed. The courts in India grant two types of injunctions. A. Interim Injunctions Interim injunctions are granted during the pendency of the case before a full-fledged trial. This relief is granted by a summary procedure based on the admitted facts and by establishing: t a prima fade case - where the burden of proof lies on the patentee to establish the patent violation; and 2- a balance of convenience in favour of the plaintiff

B. Permanent Injunctions Permanent injunctions are granted after a full-fledged trial. In the event that the court concludes, after a full-fledged trial, that the plaintiff had unjustly obtained an interim injunction before trial, then the Court will direct the plaintiff to compensate the defendant for the losses that the defendant had suffered due to the subsistence of the injunction prior to the trial.

Relief of Delivery Up

Order XXXIX rule 7 of Civil Procedure Code empowers Indian courts to appoint a Commissioner to visit the defendant’s premises and take inventory of the infringing articles that are present in the defendant’s premises. Such orders are normally granted without notice to the infringer; this provision is similar to Anton Piller orders granted by