No administrative procedures exist in respect of the issues raised in questions 2 to 8.
[Answer 2: The registered proprietor of a trademark may institute proceedings for infringement of a trademark in the manner provided by the Trade Marks Act, 1999. Subject to any agreement subsisting between the parties, the registered user may institute proceeding for infringement in his own name as if he were the registered proprietor, making the registered proprietor a defendant and the rights and obligations of such registered user in such case would be concurrent with those of the registered proprietor. The registered proprietor of a design may bring a suit or any other proceedings for relief under the Designs Act, 2000. The registered proprietor of a geographical indication and the authorized user or users thereof shall have the right to obtain relief in respect of infringements under the Geographical Indications of Goods (Registration and Protection) Act, 1999. Under the Indian Copyright Act, 1957, the following persons can sue for infringement of copyright: - the copyright owner or the assignee of the copyright; - an exclusive licensee; - in the case of an anonymous or pseudonymous work, the publisher of the work until the identity of the author is disclosed publicly; - a co-owner can alone sue for copyright infringement The right holder or his exclusive licensee has the authority to assert intellectual property rights under the Patents Act, 1970. The breeder of a plant variety may institute proceedings for infringement under the Protection of Plant Varieties and Farmers’ Rights Act, 2001. The registered agent or registered licensee of a variety registered under this Act may institute appropriate proceedings in the court under this Act on behalf of the breeder of such variety, if such agent or licensee has been authorised in the prescribed manner by such breeder for doing so. Subject to any agreement subsisting between the parties, an agent or licensee of a right to a registered variety shall be entitled to call upon the breeder to take proceedings to prevent infringement thereof, and if the breeder refuses or neglects to do so within three months after being so called upon, such registered agent or licensee may institute proceedings for infringement in his own name as if he were the breeder, making the breeder a defendant. The procedure regarding appearances, etc. in court are governed by the provisions of the Code of Civil Procedure, 1908. The Code of Civil Procedure, 1908, provides that any appearance, application or act in or to any court, required or authorized by law to be made or done by a party in such court, may, except where otherwise expressly provided by any law for the time being in force, be made or done by the party in person, or by his recognized agent, or by a pleader appearing, applying or acting, as the case may be, on his behalf, provided that any such appearance shall, if the court so directs, be made by the party in person.]
[Answer 3: The Code of Civil Procedure, 1908, and the Indian Evidence Act, 1872, give authority to Civil Courts, at any time during the pendency of the suit, to order the production by any party, upon oath of such of the documents in his possession or power, relating to any matter in question in the suit. The Code of Civil Procedure, 1908, provides that the court may, at any time, either of its own motion or on the application of any party: - make such orders as may be necessary or reasonable in all matters relating to the delivery and answering of interrogatories, the admission of documents and facts, and the discovery, inspection, production, impounding and return of documents or other material objects producible as evidence; - issue summonses to persons whose attendance is required either to give evidence or to produce documents or such other objects as aforesaid; - order any fact to be proved by affidavit. Any party may, without filing an affidavit, apply to the court for an order directing any other party to any suit to make discovery on oath of the documents which are or have been in his possession or power, relating to any matter in question therein. On the hearing of such application the court may, if satisfied, make such order, either generally or limited to certain classes of documents, as may, in its discretion, be thought fit.]
[Answer 4: Under the Code of Civil Procedure, 1908, courts have discretionary power to deal with the evidence produced before the court as it feels just. This enables the court to protect the confidential information if the parties so desire. The courts have inherent power to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court.]
[Answer 5: The Specific Relief Act, 1963, provides that a perpetual injunction may be granted to the plaintiff to prevent the breach of an obligation existing in his favour, whether expressly or by implication. The plaintiff in a suit for perpetual injunction under of the Specific Relief Act, 1963, may claim damages either in addition to, or in substitution for, such injunction and the court may, if it thinks fit, provide such damages. The Code of Civil Procedure,1908, provides that in any suit for restraining the defendant from committing a breach of contract or other injury of any kind, whether compensation is claimed in the suit or not, the plaintiff may, at any time after the commencement of the suit, and either before or after judgment, apply to the court for a temporary injunction to restrain the defendant from committing the breach of contract or injury complained of, or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right. The court may by order to grant such injunction, on such terms as to the duration of the injunction, keeping in account, giving security, or otherwise, as the court thinks fit. The grant of injunction is a discretionary relief and the court has to take into account prima facie case, balance of convenience and likelihood of irreparable injury. The power of the courts is not limited to the grant of injunction or damages stated above. Subject to such terms, the courts have inherent power to pass any order having regard to the circumstances and nature of the case to render justice and ultimately to protect public interest. The Code of Civil Procedure, 1908, provides that the costs of, and incident to, all suits shall be in the discretion of the court, and the court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the aforesaid purposes. In addition to the provisions in the Code of Civil Procedure, 1908, the Trade Marks Act, 1999, the Designs Act, 2000, the Geographical Indications of Goods (Registration and Protection) Act, 1999, the Indian Copyright Act, 1957, and the Protection of Plant Varieties and Farmers' Rights Act, 2001, also specifically provide for the remedies that may be ordered by the judicial authorities. The Trade Marks Act, 1999, provides for relief in suits for infringement or for passing off. It states that an order passed by the District Court or any Superior Court on appeal, may include an ex parte injunction or any interlocutory order for any of the following matters: - for discovery of documents; - preserving of infringing goods, documents or other evidence which are related to the subject matter of the suit; - restraining the defendant from disposing of or dealing with the assets in a manner which may adversely affect the plaintiff’s ability to recover damages, costs or other pecuniary remedies which may be finally awarded to the plaintiff. The law thus explicitly recognizes the powers of the courts to pass orders of the nature of the Anton Pillar Order or Mareva injunction of the United Kingdom in trademark proceedings. The relief which a court may grant in any suit for infringement or for passing off includes injunction and at the option of the plaintiff, either damages or an account of profits, together with or without any order for the delivery up of the infringing labels and marks for destruction or erasure. Under the Designs Act, 2000, remedies for infringement are provided by way of monetary fines, permanent injunction and damages. Recovery of profit is granted as an alternative remedy to damages and not as an additional remedy. Under the Geographical Indications of Goods (Registration and Protection) Act, 1999, an order passed by the District Court or any Superior Court on appeal, may include an ex parte injunction or any interlocutory order for any of the following matters: - for discovery of documents; - preserving of infringing goods, documents or other evidence which are related to the subject matter of the suit. - restraining the defendant from disposing of or dealing with his assets in a manner which may adversely affect plaintiff’s ability to recover damages, costs or other pecuniary remedies which may be finally awarded to the plaintiff. Under the Geographical Indications of Goods (Registration & Protection) Act, 1999, the relief which a court may grant in any suit for infringement or for passing off includes injunction and at the option of the plaintiff, either damages or an account of profits, together with or without any order for the delivery of the infringing labels and marks for destruction or erasure. Under the Indian Copyright Act, 1957, in a civil suit, the owner of the copyright is entitled to remedies by way of injunctions, damages, accounts and otherwise, as are or may be conferred by law for infringement of a right. The copyright owner can also claim costs including compensatory costs and attorneys’ fees. In the case of copyright infringement the right holder also has the right to infringing copies or any conversion of the infringing copies. Under the Patents Act, 1970, the relief which a court may grant in any suit for infringement includes an injunction and, at the option of plaintiff, either damages or an account of profits. Under the Protection of Plant Varieties and Farmers' Rights Act, 2001, the relief which a court may grant in any suit for infringement includes an injunction and, at the option of the plaintiff, either damages or a share of the profits. The order of injunction may include an ex parte injunction or any interlocutory order for any of the following matters, namely : - for discovery of documents; - preserving of infringing variety or documents or other evidence which are related to the subject matter of the suit; - attachment of such property of the defendant which the court deems necessary to recover damages, costs or other pecuniary remedies which may be finally awarded to the plaintiff.]
[Answer 6: In the Trade Marks Act, 1999, the Protection of Plant Varieties and Farmers' Rights Act, 2001, the Geographical Indications of Goods (Registration and Protection) Act, 1999, and the Semiconductor Integrated Circuit Layout-Design Act, 2000, there are specific provisions which provide that if the offender voluntarily discloses, on demand by or on behalf of the prosecutor, all the information in his power with respect to the person from whom he obtained such goods or things or services, he would get exemption from punishment.]
[Answer 7: The Trade Marks Act, 1999, the Indian Copyright Act, 1957, the Geographical Indications of Goods (Registration and Protection) Act, 1999, the Protection of Plant Varieties and Farmers’ Rights Act, 2001, the Patents Act, 1970, and the Designs Act, 2000, afford protection to public authorities. No suit or other legal proceedings shall lay against any person in respect of anything which is in good faith done or intended to be done in pursuance of these Acts. If in any suit or other proceeding, any party objects to the claim on the ground that the claim, as against the objector, false or vexatious to the knowledge of the party by whom it has been put forward, and if thereafter, such claim is disallowed, abandoned or withdrawn in whole or in part, the court, if it so thinks fit, may order further payment of the objector by the party by whom such claim has been put forward of costs by way of compensation, subject to certain pecuniary limits. The courts have inherent powers to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the court. The Copyright Act, 1957, provides that where any person claiming to be the owner of copyright of any work, by circular, advertisements or otherwise, threatens any other person with legal proceedings or liability in respect of an alleged infringement of copyright, any person aggrieved thereby may institute a declaratory suit that the alleged infringement to which the threats relate was not in fact an infringement of any legal rights of the person making such threats and may in any such suit obtain an injunction against the continuance of such threats and recover such damages, if any, as he has sustained by reasons of such threats. These remedies are not available if the person making such threats with due diligence commences and prosecutes an action for infringement. This provision provides a person recourse against even threat of wrongful enjoinment.]
[Answer 8: Courts hear cases based on rules of procedure and evidence as per the provisions of the Code of Civil Procedure, 1908, and the Indian Evidence Act, 1872. The length and cost of proceedings will depend on the complexity of the case before the concerned court. Actual data on the duration of proceedings and cost is not available.]