Patent enforcement options:

Civil proceedings
A patent holder can start civil proceedings when seeking to enforce its rights.

Criminal proceedings
Criminal proceedings for patent infringement cannot be instituted under the Patents Act
1970.

Border measures
Effective border enforcement mechanisms are available in India. The government issued the
Intellectual Property Rights (Imported Goods) Enforcement Rules 2007 under the Indian
Customs Act 1962 with a view to strengthen the statutory and executive guidelines, thereby
assisting patent holders in enforcing their rights at the borders of India.
India has a unique system for the enforcement of patent rights at the borders. When the
Intellectual Property (Imported Goods) Enforcement Rules 2007 were initially implemented,
the customs authorities were quite active in detaining goods on the basis of registered
patent rights. However, one of the cases of detention resulted in prolonged litigation in
numerous forums where the detention was challenged and, ultimately, the goods were
released. Based on this experience, the Delhi High Court, in Ericsson v Union of India
(2012(52) PTC 494(Del)), directed the customs authorities to exercise caution and restraint
while enforcing patent rights at the borders. While customs authorities have the power to
detain goods at the border in straightforward/simple patent infringement cases, they have
been directed to act merely as "implementation authorities" in complex patent
infringement cases (that is, they must only implement orders passed by the court).
In February 2011, the government issued Circular No 10/2011 relating to the
implementation of the 2007 Rules. Under this Circular, an online, centralised bond
management system has been created as part of the existing Automated Recordation and
Targeting System. Through this system, a right holder can provide a one-time bond along
with security at the time of registration, to which all ports will have access. In the case of
interdiction of allegedly infringing goods, if the amount of the centralised bond and the
security are not sufficient to cover the value of the goods seized, the right holder will be
required to execute a supplementary bond and provide security for the corresponding
amount within three days of the interdiction.

Other
A patent holder can send cease and desist letters to the infringer.