Amritesh Mishra of Lall Lahiri & Salhotra offers advice on the enforcement options available to the victims of IP abuse
While patents and industrial design rights must be applied for if any protection is to be afforded, the registration of trademarks, copyrights and geographical indications is optional. However, registration is advisable for two reasons: First, it provides proof of ownership, and second, it gives the proprietor of a trademark or geographical indication the right to sue for infringement. A copyright owner can, however, sue for infringement even if the trademark is not registered.
Contrary to popular belief, it is not necessary for a trademark to be in use in India in order for it to be registered. Generally it is sufficient to demonstrate that it is known in India through advertisements or other means. The same is the case with geographical indications and copyrights, where a work need not be published in India in order to be protected.
For patents, however, it is necessary to demonstrate that the innovation is being used in India. Non-use may, in some cases, lead to revocation.
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Amritesh Mishra is an associate at the law office of Lall Lahiri & Salhotra. His practice consists primarily of trademark, copyright and patent litigations.
