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IPR Rights

The IPR law has been mainly established to protect the intellectual property of a person. As a general rule the right to secure protection in case of violation of intellectual property is a statutory right. In India there are four basic statutes which protect the infringement or violation of Intellectual property rights and they are: The Trademarks Act, 1999, The Patent Act, 1970, The Designs Act, 2000 and the Copyright Act, 1957. Apart from these laws there are other specific provisions which deal with intellectual property violation and infringement such as The Indian Penal Code, 1860 and Specific Relief Act.1963. Although it is to be noted that people generally seek civil remedy fro enforcement of intellectual property rights. An aggrieved person can seek relief by filing a suit in the court of competent jurisdiction. The suit is mainly filed to grant specific injunction, damages, account or delivery of goods damaged. But among all the claims mentioned above the most important and commonly claimed relief is the injunction. Sometimes looking into the urgency of the matter the court even grants temporary injunction so that intellectual rights can be safeguarded in a pleasant manner. In order to receive order pertaining to injunction the plaintiff must prove the case at the time of trial. Thus there are different ways by which intellectual property of a person can be protected but to effectuate the same it is extremely necessary for the owner to take initiative at the earliest.

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