Skip to main content

CONTEMPT IN IPR CASES – The Dagger and the Sword Approach by Pravin Anand, Vaishali Mittal and Ravin Galgotia

A short article is about the latter genre of orders which are becoming so attractive that sometimes the flow of the entire case changes against a contemnor.

Proceedings in contempt can bring in an early end to the dispute and result in presumptions favouring the suffering party and against the contemnor.

The contempt jurisdiction is a rather interesting one. As the title of the Article might suggest, when you originally approach a Court of Law for an order against a third party, the dispute is seen by the Judge as essentially one involving two private parties. He may pull out a dagger metaphorically and pass an ex parte order such as an injunction or in a suitable case a bit stronger anton piller order to search the Defendant’s premises and seize infringing goods or in some cases an even stronger order attaching bank accounts (a “Mareva Injunction”) and orders of a similar nature that may measure 5-7 on the Richter scale.

On the other hand, if the Defendant misbehaves with the Local Commissioner or thwarts Court proceedings, he defies the Court order and such disobedience is an insult to the Court and in such a situation, the Court additionally becomes involved in the proceedings and the Judge pulls out again metaphorically a sword and passes orders which may measure 9-10 on the Richter scale.

Read more: https://www.expertguides.com/articles/contempt-in-ipr-cases-the-dagger-and-sword-approach/arkwtlhy

The article was first published in Expert Guides-Patents 2018

Most Recent

News & Insights

VIEW ALL
News & Updates
Nov 04, 2025

In a remarkable conclusion to one of India’s longest-running trademark disputes, the order authored by Justice Sanjeev Narula of the Hon’ble High Court

DELHI HIGH COURT BRINGS 25-YEAR “CELEBRATIONS” TRADEMARK DISPUTE TO A WHOLESOME CLOSE
News & Updates
Nov 02, 2025

Partner Litigation, Dhruv Anand, spoke to Times of India for its dive-deep article on ‘Stars v AI’ giving a 360 degree roundup of what actually makes

Stars vs AI: Dhruv Anand speaks to ToI about personality rights and the intent behind protecting them
Thought Leadership
Oct 22, 2025

‘First published on Lexology’ By: Pravin Anand, Vaishali R Mittal and Siddhant Chamola A. INTRODUCTION Standards‑essential patents (“SEPs”)

Interim Licences vs Anti Interim Injunctions: a Cross Border Stand Off
Thought Leadership
Oct 16, 2025

‘First published on Lexology’ By: Safir Anand and Omesh Puri The Office of the Controller General of Patents, Designs, and Trade Marks has issued a

Indian Trade Marks Office issues Office Order – Streamlining Registry Function