IP litigation in India. Defend what's yours.

IP litigation covers the disputes that arise over trademarks, patents, copyrights and designs: oppositions and cancellations before the registries, and infringement cases in court. Define IPR Solutions handles opposition matters and IP disputes for its clients.

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IP disputes in three numbers

Five laws, two kinds of forum

  • 5

    statutes protect IP in India

    The Trade Marks Act, the Patents Act, the Copyright Act, the Designs Act and the Semiconductor Integrated Circuits Layout-Design Act.

  • 2

    kinds of forum

    The registries decide what goes on the register. The courts decide who has infringed.

  • 2021

    the appeals board was closed

    Since then, IP appeals and cancellation cases go to the High Courts.

When it is challenged

The disputes IP owners face

Some start with you, some are brought against you. These six cover most of them.

  • Opposition

    Challenging someone else's trademark application, or defending your own, before it is registered.

  • Rectification and cancellation

    Removing a mark, a design or a patent that should not be on the register.

  • Infringement suits

    A court case against someone using your registered right without permission.

  • Passing off

    A court case to protect an unregistered brand that customers already know.

  • Patent revocation

    A challenge to the validity of a patent that has been granted.

  • Appeals

    Against an order of the Registrar of Trade Marks or the Controller of Patents.

India no longer has a separate IP appeals tribunal. The Intellectual Property Appellate Board was abolished in 2021, and its cases now go to the High Courts.

How it is decided

How an IP dispute runs

Six stages. Most disputes are settled before the last one.

  1. 01 Assessment

    Where you stand

    We look at the rights on each side, the evidence and the deadlines, and tell you what the realistic outcomes are.

  2. 02 Notice

    Putting it in writing

    A legal notice, or a reply to one, sets out the position. Many disputes end here.

  3. 03 Filing

    Starting the proceedings

    An opposition or cancellation is filed at the registry, or a suit is filed in court, often with a request for an interim order.

  4. 04 Reply

    The other side answers

    A counter-statement at the registry, or a written statement in court. Deadlines at this stage are strict.

  5. 05 Evidence

    Proof and hearing

    Each side files its evidence, and the matter is argued at a hearing.

  6. 06 Decision

    Order, settlement or appeal

    The registry or the court decides. Either side may appeal, and the parties can still settle.

Choosing a forum

Registry or court: who hears what?

The same quarrel can be heard in both, for different purposes.

ForumWhat it hearsWhat it can order
The registries Objections and oppositions to applications, and some cancellation requests. That an application is refused or accepted, or that an entry is removed.
The courts Infringement and passing-off cases, patent revocation, rectification and appeals. Injunctions, damages, and cancellation of a registration.

Keeping it yours

What you get from Define IPR

  • Strength in opposition matters

    Oppositions, counter-statements and hearings are a core part of our work.

  • A realistic view before you start

    What the case is likely to cost, how long it may run and how it may end.

  • The case, prepared

    Notices, statements and evidence put together for the forum that will hear it.

  • Settlement where it serves you

    A negotiated end to the dispute when that protects your brand better than a ruling.

What we need from you

  • The registrations and applications involved, on both sides.
  • The other side's mark or product, and where it is being used.
  • Every notice, reply and order so far, with the dates you received them.
  • Evidence of your own use and reputation: invoices, advertising, press.
  • Any deadline you have been given.

One thing to watch

Deadlines in IP disputes are short, and some cannot be extended. A trademark opposition, for example, must be filed within four months of publication.

Registry matters are heard by the Office of the Controller General of Patents, Designs and Trade Marks. Infringement cases are heard by the courts.

Before you decide

IP litigation, answered

What is IP litigation?

It is the resolution of disputes over intellectual property: who owns a right, whether it should be on the register, and whether someone has infringed it. Some disputes are heard by the registries and others by the courts.

What is a trademark opposition?

It is a challenge to a trademark application after it is published in the Trade Marks Journal. Anyone may file a notice of opposition within four months of publication. The applicant must then file a counter-statement within two months of receiving the notice, or the application is treated as abandoned.

What is rectification of the register?

It is a request to cancel or correct an entry that should not be on the register, for example a mark registered without good reason or one that has not been used for five years. It can be made to the Registrar or to the High Court.

Which court hears IP cases in India?

Infringement cases are filed in a District Court or in a High Court that has original jurisdiction, and most are heard as commercial disputes. Appeals against orders of the Registrar of Trade Marks or the Controller of Patents go to the High Court.

What is an interim injunction?

It is a temporary order, made early in a case, that stops the other side from continuing until the case is decided. A court looks at whether you have an arguable case, where the balance of convenience lies, and whether the harm could be repaired with money later.

Do I have to try mediation before filing a case?

For most commercial cases, yes. The Commercial Courts Act, 2015 requires the parties to attempt mediation before a suit is filed, unless the suit asks for urgent interim relief, which IP cases often do.

How long does an IP dispute take?

It varies widely. An interim order can come within days or weeks. A contested opposition or a full trial takes considerably longer, and many disputes settle along the way.

How much does IP litigation cost?

It depends on the forum and on how far the matter goes. 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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