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, Thought Leadership
•
Oct 20, 2026

Every time someone publishes an article, uploads a photograph, releases a song or shares research online, they contribute to an expanding body of human

Who Owns Internet’s Knowledge? Copyright, AI Training and Indian Law
News & Updates, Thought Leadership
•
Oct 17, 2026

An active pharmaceutical ingredient (API) is the substance responsible for a medicine’s therapeutic effect. Developing one can involve years of chemical

API Process Patents in India: Key Patent Infringement Disputes and Court Decisions
Thought Leadership
•
Oct 15, 2026

First published on Enterprise IT World. Authored by Subroto Kumar Panda Imagine you gave a supersmart robot a credit card and told it to “buy the best

Taming the AI Beast: How Big Companies Build Safe AI Agents
News & Updates, Thought Leadership
•
Oct 14, 2026

Think about the last YouTube video you watched. It might have been a travel vlog, a product review, a legal explainer, a cooking tutorial or a short documentary.

Who Owns a YouTube Video? Copyright Protection for Digital Creators in India