SimranLaw is proud to showcase one of its crucial success stories in the realm of Intellectual Property Rights (IPR) litigation, symbolizing our expertise and in-depth understanding of India’s IPR laws.
The case primarily revolved around an alleged infringement on the client’s product’s copyrighted design and patented technology by another commercial entity. With a thorough understanding of the client’s concerns and in-depth legal analysis, SimranLaw pursued a strategy to defend our client’s rights with relentless determination and unyielding commitment.
Our team assembled a comprehensive litigation strategy that was based on three prongs: proof of infringement, establishing the validity of our client’s IPR, and seeking injunction for halting the infringing activities. We developed a robust body of evidence, demonstrating the uniqueness of our client’s product design and technology, and consequently, their prior right to it under the Patent Act, 1970, and the Copyright Act, 1957.
As per Section 48 of the Indian Patent Act, our strategy was to prove that the client held exclusive right to prevent third parties from making, using, or selling the invention. Similarly, under Section 14 of the Copyright Act, 1957, we argued that the client had exclusive rights to reproduce, issue copies, perform in public, and communicate the copyrighted material to the public.
Though challenging, we managed to establish irrefutable proof of infringement by the defendant. We succeeded in procuring an interim injunction order against the infringing entity. We also managed to secure substantial damages for our client as recompense for the unauthorized use of their IP based on Sections 55 and 108 of the Copyright Act.
SimranLaw’s strategic approach featured targeted strategies emphasizing the strength and validity of our client’s IPR claims and focussing on India’s robust laws protecting IPR. The successful resolution of this case underscores our diligence and capability in handling complex IPR issues in India, guarding the client’s interests, and ensuring justice. Our commitment to our clients’ rights and our unwavering approach to uphold them makes this case a significant triumph in our IPR litigation portfolio.