IP infringement in India. When someone takes what's yours.

Infringement is the use of a protected trademark, copyright, patent or design without the owner's permission. Define IPR Solutions helps you confirm what has been taken, put the infringer on notice, and take the matter further if it does not stop.

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Infringement in three numbers

The law gives you more than one way to stop it

  • 4

    rights that can be infringed

    Trademarks, copyrights, patents and designs, each under its own Act.

  • 2

    routes: civil and criminal

    A civil suit for every right, and a criminal complaint for counterfeiting and piracy.

  • 3

    things a civil court can order

    An injunction, money, and the handing over of infringing goods.

When it stops being yours

What counts as infringement

Six situations cover almost every case we are asked about.

  • Trademark infringement

    Using a mark identical or deceptively similar to a registered mark, for the same or similar goods or services.

  • Passing off

    Imitating the name, packaging or get-up of an unregistered brand so that customers are misled.

  • Counterfeiting

    Selling fake goods under someone else's mark. It is a criminal offence as well as a civil wrong.

  • Copyright infringement

    Copying, distributing or adapting a work without the owner's permission.

  • Patent infringement

    Making, using, selling or importing a patented invention without a licence.

  • Design piracy

    Applying a registered design, or an obvious imitation of it, to articles for sale.

A legal notice has to be accurate. Under the Trade Marks Act, 1999, a groundless threat of infringement proceedings can itself be challenged in court.

How you get it back

What to do when your IP is infringed

Five stages, from confirming the infringement to making sure it stays stopped.

  1. 01 Confirm

    Is it infringement?

    We compare your right with what the other side is doing, and tell you whether you have a case.

  2. 02 Evidence

    Record it before it moves

    Purchases, photographs, screenshots, dates and seller details are collected before anyone is warned.

  3. 03 Notice

    A cease-and-desist notice

    We send a notice that sets out your right, the infringement and what you want done about it.

  4. 04 Action

    Settlement or proceedings

    Many matters end with an undertaking to stop. If this one does not, the next step is a civil suit or a criminal complaint.

  5. 05 Monitoring

    Making sure it stays stopped

    We keep watching the market for the same infringer and for new ones.

Choosing a route

Civil action or criminal complaint?

The two can run side by side. They achieve different things.

RouteWhat it can achieveAvailable for
Civil An injunction, damages or an account of profits, and delivery up of the infringing goods. Trademarks, passing off, copyright, patents and designs.
Criminal Search and seizure by the police, and a fine or imprisonment for the infringer. Trademark counterfeiting and copyright piracy. Not patents or designs.

Keeping it yours

What you get from Define IPR

  • An assessment of your case

    A plain answer on whether what you have found is infringement.

  • A notice that holds up

    Drafted accurately, so that it cannot be turned against you.

  • Strength in dispute matters

    We deal with oppositions and IP disputes for our clients.

  • A watch on the market

    We proactively monitor the market to protect your brand.

What we need from you

  • Your registration certificates or application numbers.
  • Samples, photographs, screenshots or links showing the infringing use.
  • When you first noticed it, and where the goods are being sold.
  • Who is behind it, if you know: names, addresses, seller accounts.
  • Proof of your own earlier use, such as invoices and advertising.
  • Any contact you have already had with the infringer.

One thing to do first

Keep the evidence before you complain. Listings are deleted and stock is moved the moment an infringer is warned.

Infringement cases are heard by the courts. Registrations are recorded with the Office of the Controller General of Patents, Designs and Trade Marks and the Copyright Office.

Before you decide

Infringement, answered

What is intellectual property infringement?

It is the use of a protected trademark, copyright, patent or design without the owner's permission. In India each right has its own law: the Trade Marks Act, 1999, the Copyright Act, 1957, the Patents Act, 1970 and the Designs Act, 2000.

What is the difference between infringement and passing off?

Infringement protects a registered trademark, and the registration itself is the basis of the claim. Passing off protects an unregistered mark, and the owner has to prove goodwill, a misrepresentation by the other side, and damage.

What can a court order against an infringer?

An injunction to stop the infringement, damages or an account of the infringer's profits, and the delivery up or destruction of infringing goods. A court can also grant an interim injunction early in the case.

Is IP infringement a crime in India?

Some of it is. Counterfeiting a trademark and infringing copyright are criminal offences that can lead to a fine and imprisonment. Patent and design infringement are civil matters only.

What if my trademark is not registered?

You can still act, through a passing-off claim, if you can show that customers associate the mark with your business. It is harder to prove than infringement of a registered mark, which is one reason to register.

Should I send a legal notice before going to court?

Usually yes. A notice often ends the matter without a case. The exception is where warning the infringer would let them hide stock or evidence, when it can be better to ask the court for an urgent order first.

Can infringing goods be stopped at the border?

Yes. The owner of a registered trademark, copyright, patent or design can record the right with Indian Customs, which can then suspend the clearance of imported goods that infringe it.

How much does it cost to act against an infringer?

It depends on how far the matter goes. A notice costs far less than a suit. We quote the fee for each stage after a free consultation, before you commit to anything.

Last reviewed . This page is general information, not legal advice.

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