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Weekly Report 4 Mahathi
Weekly Report 4 Mahathi
19.07.2021 to 23.07.2021
In the case of trademark infringement, the court may award the following remedies:
- Temporary injunction
- Permanent injunction
- Damages
- Account of profits (damages in the amount of the profits gained from the
infringement)
- Destruction of goods using the infringing mark.
- Cost of legal proceedings.
Also, According to Section 55 of The Copyright Act, 1957, where copyright in any work has
been infringed upon, the owner of the copyright shall be entitled to all such remedies by
way of injunction, damages, & accounts
IPR is one of the sources of security for intangible properties which are still open to the
public and which can be quickly replicated by anyone. IP crimes have become the part and
parcel of the digitized era leading to failure of business.
Stage 3 – Filing of Evidence in support of Counter- Statement : Within two (2) months of
receiving evidence/intimation of waiver by the Opponent, the Applicant has to file evidence
in support of his counter-statement /application. The Applicant also has an option to waive
his right to submit any evidence.
Stage 4 – Filing of Evidence in Reply : Within one (1) month of receiving evidence/waiver,
the Opponent again has the option to file additional evidence in support of his opposition.
This option is given to achieve some sort of finality in the proceedings, to rebut the evidence
produced by Applicant.
Stage 5 – Hearing : Ordinarily with three (3) months of the completion of evidence, a
hearing is appointed and the parties are notified. After hearing the parties and considering
the evidence, the Registrar shall decide whether the trademark is to be accepted or not.
SUBMITTED BY
A.MAHATHI POORNIMA
20FLICHH020001
BA LLB SECTION D