Skip to main content

Saif Khan and Shobhit Agarwal analyse anti-counterfeiting remedies in India.

In India the judiciary and law enforcement authorities are well acquainted with the nuances of measures for anti-counterfeiting enforcement. The recognised civil enforcement actions are civil suits with Anton Piller orders and John Doe orders. The former is the preferred action against counterfeiting. By it plaintiffs may seek appointment of court commissioner to visit a defendant’s premises and search and seize counterfeit goods, in addition to ex parte orders of injunction. John Doe orders are extraordinary orders through which the court appoints and authorizes the court commissioner to enter, search and execute seizures in the premises of unnamed defendants suspected of engaging in counterfeiting.

A new commercial courts act has come into effect governing the procedure of commercial cases and disputes involving intellectual property come within its ambit. The most significant development under the act is the introduction of summary disposal of cases when one party can show that the other party has no chance of succeeding. Anti-counterfeit lawsuits are perhaps the best cases for invoking summary proceedings, especially in successful Anton Piller cases. Under it, cases can be decided without trial immediately after service of notice on defendants. This significantly reduces the life cycle of the case.

This article was published in India Business Law Journal.

Read more

Most Recent

News & Insights

VIEW ALL
News & Updates, Thought Leadership
Sep 11, 2026

Technology companies building in India are frequently told two contradictory things: that software cannot be patented in India, and that software patents

Software Patents in India Explained: What Can and Cannot Be Patented?
News & Updates, Thought Leadership
Sep 05, 2026

Written by: Dr. Ajai Garg and Siddhant Chamola As Artificial Intelligence has now emerged as a disruptive ecosystem reshaping Global economy,  India’s

India’s Pursuit for Global South AI Leadership through Agentic AI Systems: Navigating Intellectual Property Challenges
News & Updates, Thought Leadership
Sep 02, 2026

Author: Lakshmidevi Somanath The law currently provides creators exclusive rights over their creation for a limited time, which gives a human inventor

From Innovation Incentives to Technology Diffusion – Protection of Intellectual Property Created by Agentic Artificial Intelligence
News & Updates, Thought Leadership
Aug 30, 2026

I. The Infringer’s Privacy Paradox The Digital Personal Data Protection Act, 2023 (“DPDP Act”) is built around a clear rule. Personal data

The DPDP Act’s Unanswered Question: Can Privacy Law Block a Software Piracy Investigation?