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March 16, 2022

Legal Issues Seminar-General IP (LIS-GIP) On “Whether Search And Seizure In Trademark Infringement Without The Registrar’s Opinion Is Permissible?”

Featuring: Abhilasha Rathore

A ‘Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Abhilasha Rathore, Associate, on “Whether Search and Seizure in Trademark Infringement Without the Registrar’s Opinion is Permissible?”. The seminar delved into the relevant provisions of the Trade Marks Act, 1999, and the Code of Criminal Procedure, 1973. In particular, and in light of relevant judgments, the discussion revolved around the proviso to Section 115(4) of the Trade Marks Act, 1999, and its application in respect to Section 93 of the Code of Criminal Procedure, 1973. The session concluded with intriguing questions from the team on the effectiveness of criminal remedies versus civil remedies in trademark infringement cases, as well as practical impediments of obtaining the opinion of Registrar of Trade Marks.

The presentation can be accessed here.

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