Intellectual property protects the intangible assets of a business — its name, creative works, inventions and product designs. The chamber of Advocate Manish Jha advises on registration strategy and appears in enforcement proceedings before the commercial courts of Delhi and the High Court of Delhi.
The Indian Statutory Framework
| Right | Statute |
|---|---|
| Trade marks and passing off | Trade Marks Act, 1999 |
| Copyright in literary, artistic, musical and other works | Copyright Act, 1957 |
| Patents for inventions | Patents Act, 1970 |
| Industrial designs | Designs Act, 2000 |
| Geographical indications | Geographical Indications of Goods (Registration and Protection) Act, 1999 |
Registration and Prosecution
The chamber guides applicants through trade mark searches, applications, examination objections and opposition proceedings before the Trade Marks Registry, and advises on copyright registration and design registration. Early registration matters: a registered trade mark gives a statutory infringement remedy, while an unregistered user must rely on the common-law action of passing off, which demands proof of goodwill and misrepresentation. The chamber also advises on assignment and licensing of registered rights and on the renewal and maintenance of existing portfolios.
Enforcement — Infringement and Passing-Off Suits
IP suits of the prescribed value are commercial disputes under the Commercial Courts Act, 2015 and are tried by designated commercial courts. In Delhi, a substantial share of IP litigation proceeds before the High Court of Delhi, which has a dedicated Intellectual Property Division with its own procedural rules. Reliefs typically sought include permanent and interim injunctions, delivery up of infringing goods, and damages or accounts of profits.
Cease-and-Desist Notices
Enforcement usually begins with a cease-and-desist notice identifying the right, the infringing activity and the demand. Many disputes end at this stage with undertakings or a negotiated licence. The notice must, however, be accurate — an overstated claim can invite a counter-action for groundless threats in the case of certain rights.
Related reading: business and corporate law, legal notices and practice before the High Court of Delhi.
Frequently Asked Questions
Do I need registration to protect my brand?
Registration under the Trade Marks Act, 1999 is not compulsory, but it gives a statutory infringement action and presumptive validity. Without registration, a brand owner must sue for passing off and prove goodwill, misrepresentation and likelihood of damage — a heavier evidentiary burden. Registration is therefore strongly advisable for any brand in commercial use.
Which court hears IP infringement suits in Delhi?
IP disputes above the specified value are commercial disputes under the Commercial Courts Act, 2015 and go before designated commercial courts in the district judiciary, or before the High Court of Delhi within its ordinary original jurisdiction. The High Court's Intellectual Property Division handles IP suits, appeals and petitions under dedicated rules.
Is copyright registration necessary in India?
Copyright arises automatically on creation of an original work under the Copyright Act, 1957; registration is optional. A registration certificate, however, serves as useful prima facie evidence of the particulars entered in the Register and simplifies proof in infringement and licensing disputes, so registration is often worthwhile for commercially significant works.
What can a cease-and-desist notice achieve?
It formally notifies the alleged infringer of the right, demands that the activity stop, and typically seeks undertakings, withdrawal of goods or negotiation. Many matters resolve at this stage without a suit. It also creates a record of knowledge, which is relevant to interim relief and damages if litigation follows.