Enforcement India

As counterfeiters adopt ever more sophisticated means to evade detection and prosecution, and counterfeiting profit trails are traced to more sinister operations having corrosive effects on the economy and security, close coordination between practitioners and within the client organisation itself is essential to combating piracy.

Injunctions against sale, manufacture and misrepresentation, and orders directing rendition of the infringers’ accounts and preservation of information are most effective when accompanied with enforcement of a favourable court order. Right owners have the option to choose between civil suits and criminal proceedings, whichever is strategically better suited to a set of facts or circumstances. Civil remedies are swift, effective and lasting in effect. Criminal remedies take relatively longer and generally have nil returns in damages or costs but can have a chilling effect on the counterfeit trade.

The firm is committed to help its clients to limit the flow of counterfeits and ongoing piracy and infringement and recover meaningful damages. Anti-counterfeiting actions by the firm are preceded by intelligence and investigative inputs using electronic and physical data. The combined output of investigations, proactive monitoring of IP databases and vigilance of piracy-prone markets, and a highly effective customs team, results in razor sharp precision to enforcement campaigns conducted by the firm for clients. At the same time there is complete sensitivity to legal budgets with optimal use of resources with an eye on cost-effective results.

Our enforcement team undertakes scores of civil and criminal enforcement actions and raids every year, including for apparel, electronics and consumer goods, automotive, IT and software and pharmaceutical goods, while assuring compliance with FCPA or equivalent international standards.