Intellectual property

IP Enforcement & Anti-Counterfeiting

Speed decides most IP disputes. We gather the evidence, choose the forum and move for interim relief before the damage spreads.

Infringement and passing-off actions, urgent injunctions, raids, marketplace and domain takedowns, and customs action against counterfeits.

Most IP disputes are won or lost at the interim stage. A court that grants an early injunction usually decides the commercial outcome, so preparation (evidence of use, of the infringement and of the urgency) matters more than anything that follows.

Remedies Indian courts grant

Ex parte interim injunctions, often at the first hearing where the case and the urgency are clear.
Local commissioners appointed to search premises and seize infringing goods and records.
John Doe orders against unknown infringers, and dynamic injunctions that extend to mirror websites without a fresh suit.
Blocking and suspension of infringing websites and domains, and disclosure orders against platforms and registrars.
Damages and costs, including actual costs under the commercial courts regime.

Choosing the forum

IP suits are commercial disputes. The Delhi High Court’s Intellectual Property Division, which hears suits valued above ₹2 crore, hears a large share of India’s IP litigation. Unless a suit genuinely seeks urgent interim relief, it must first go through pre-institution mediation under section 12A of the Commercial Courts Act (see our note on section 12A).

Counterfeits at the border, online and in the market

Trade mark, copyright, design and GI owners can record their rights with Customs, which can then suspend the clearance of suspected infringing imports. Online, we use marketplace brand-protection programmes and notices to intermediaries under the IT Rules, and go to court when platforms do not act. In the market, trade mark and copyright infringement are also criminal offences, and police raids are an option in clear counterfeiting cases.

How we help

Infringement and passing-off suits
Urgent interim relief and search orders
John Doe and dynamic injunctions
Marketplace, social media and domain takedowns
Customs recordals and interdictions
Criminal complaints and raids
Defending infringement claims

Key laws

Commercial Courts Act, 2015
Delhi High Court IPD Rules, 2022
Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007
Information Technology Act, 2000 and IT Rules, 2021

Frequently asked questions

How quickly can an injunction be obtained in an IP case in India?

Where the evidence is strong and the matter is urgent, courts can grant an ex parte interim injunction at the first hearing, sometimes within days of filing, together with an order appointing a local commissioner to seize infringing goods. Delay in coming to court is the most common reason such relief is refused.

Do we have to mediate before suing for infringement?

Not if the suit genuinely seeks urgent interim relief. Otherwise, section 12A of the Commercial Courts Act requires pre-institution mediation. The Supreme Court has held the requirement mandatory (Patil Automation v. Rakheja Engineers, 2022) and that courts may examine whether a plea of urgency is genuine (Yamini Manohar v. T.K.D. Keerthi, 2023).

Can Indian Customs stop counterfeit imports?

Yes. Owners of trade marks, copyright, designs and geographical indications can record their rights with Customs under the Intellectual Property Rights (Imported Goods) Enforcement Rules, 2007. Customs can then suspend the clearance of suspected infringing goods and notify the owner. Patents are no longer covered by these Rules.