India’s Unique Solutions for IP Compensation

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Pravin Anand and Raunaq Kamath look at the diverse range of remedies fashioned by Indian courts to get a defendant to repent, when paying back in money is not the best way.

Many people will be familiar with the Latin maxim “ubi jus ibi remidum“, which means that there is no right without a remedy. In fact, the strength of a legal system is dependent in a big way on the versatile remedies that its judges can fashion.

In the field of intellectual property, until recently remedies were restricted to injunctions, damages and, in unusual cases, Anton Piller orders, Mareva Injunctions, John Doe orders, etc. Most of the unusual orders were not provided for, until recently, in the statute book, but were judge-made law. Late Judge Hugh Laddie in fact drafted the Anton Piller order when he was a lawyer.

This article was published in Asia Business Law Journal.