CMS Expert Guide on Preliminary Injunctions in IP in India

PIs can be granted by a court in claims against infringement of any IP rights, such as copyright, trademark, design, geographical indications and patent rights.

India statute also statutorily affords protection to plant varieties and layout-designs of semiconductor integrated circuits.

PIs are usually granted to an aggrieved party (upon meeting certain criteria / tests) giving immediate relief and protection against a claim made for infringement/ passing off/ impingement of their IP.

Indian Courts typically grant the following types of PI: 

• Interim and ad-interim Injunction
• Ex-parte Injunction
• Anton Pillar Orders
• John Doe Orders
• Mareva Injunctions and;
• Dynamic Injunctions 

No, warning letter requirement.

However, upon filing a PI Application, the court must issue notice of the application to the Opposite Party.

After grant of an ex-parte PI, the Applicant must communicate the grant of the injunction to the Opposite Party(ies). 

Within three years from the date on which the Applicant came to know of the infringement If the applicant can show that the cause of action was continuing, then this period is calculated from the last date when such cause of action arose. 

If the court is satisfied that the three tests below are met, the court may grant a PI on the first date the application is heard before it: 

• Prima Facie case;
• Irreparable injury and; 
• Balance of convenience.

If a PI is granted at the first hearing, the Courts must dispose of the application within 30 days from the date on which the injunction was passed. 

No, but they can be kept at abeyance,  depending on the facts of each case. 

The applicant must evidentially satisfy the three tests per FAQ 4.

An ex parte PI can be granted if “the object of granting the injunction would be defeated by the delay”. 

There is no explicit cost recovery provision – this is at the court’s discretion.

In India, there is no mandatory security deposit requirement.

However, the courts have discretionary power to dictate terms applicable to the grant of an injunction. This would include keeping accounts, giving security etc.

Yes.

Order XXXIX, Rule 4 of the CPC (Civil Procedure Code) also provides any injunction order may be discharged, varied, or set aside, on application by any party dissatisfied with such an order.

A suspension has to be specifically sought before the Appellate Court – filing an appeal would not suspend the PI. 

Under the Limitation Act 1963, appeals to a High Court have a limitation period of 90 days, while appeals to any other court have a 30 day period.

For Supreme Court appeals under Article 136 of the Constitution, the limitation period is 60 days from an order, and 90 days from a judgment. 

An Interim Injunction becomes effective upon its pronouncement. 

Order XXXIX Rule 2A of the CPC provides safeguard against violations of PIs. When a party disobeys a PI, the court may order:

• Attachment (seizure) of property; 
• Detention in civil prison.

Violations of court order, are also punishable under the Contempt of Courts Act 1971.

Yes, the counterparty can seek compensation under Section 95 of the CPC.

Yes, after trial, a court may grant a final injunction based on the merits of the suit.