Answer By law4u team
Remedies available for patent infringement under Indian law, focusing on modern statutes and practical enforcement rather than IPC or CrPC: 1. Injunctive Relief The patent holder can approach the court to get an injunction. This means the court orders the infringer to stop using, making, selling, or distributing the patented invention. It can be temporary (interim) or permanent, depending on the case. 2. Damages or Account of Profits The patent owner can claim monetary compensation for losses suffered due to infringement. Alternatively, they can ask the infringer to account for profits made from using the patented invention and pay those profits. 3. Anton Piller Order / Search and Seizure To prevent destruction of evidence or further infringement, courts may allow search and seizure of infringing goods, documents, or equipment without prior notice. 4. Customs Seizure Under the Customs Act, patent owners can request customs authorities to seize imported goods that infringe the patent, preventing their entry into the Indian market. 5. Criminal Remedies Although you mentioned not to focus on IPC/CrPC, the Patents Act, 1970 does have provisions for criminal penalties including fines and imprisonment for willful infringement, but these are usually secondary to civil remedies. 6. Alternative Dispute Resolution Patent disputes can also be resolved through mediation or arbitration if parties agree, which is faster and less expensive than court litigation. In practice, the patent owner often first sends a cease-and-desist notice to the infringer demanding they stop infringement. If that fails, legal action follows.
