What remedies (both interim and final) are available for infringement of each of the intellectual property rights described above?

Intellectual Property (2nd edition)

Japan Small Flag Japan

Remedies include:

  • Preliminary/permanent injunction along with measures necessary to suspend and prevent infringement (such as destruction of infringing goods
  • Compensation for damages
  • Measures to restore credibility (such as a public apology in a newspaper)

UAE Small Flag UAE

Interim remedies

Precautionary order :

  • to attach infringing goods,
  • to gather evidence of the infringement (only available for trademark, copyright and neighbouring right infringement),
  • to stop the publication, exhibition, reproduction of a work (only available for copyright and neighbouring right infringement),
  • to assess the income resulted from publication or exhibition of the work (only available for copyright and neighbouring right infringement),

    requested ex-parte by the right holder (or the licensee in patent and design cases). A lawsuit on the merits should be filed within 8 days of the issue of the order in patent, industrial drawings and designs, and trademark infringement cases, and within 15 days in copyright or neighbouring right infringement cases, failing which the order will be null and void.

  • Order prohibiting a defendant from leaving the country (where there is a risk of the defendant fleeing the country);
  • Appointment of an expert to examine evidence which may be destroyed or lost.

Final remedies

  • Injunction to stop the infringing acts (although the right for an injunction is not expressly provided for under the under the UAE Trademark Law and the UAE Patent and Design Law, courts have already granted injunctive orders in trademark infringement cases).
  • Damages to compensate for the damage suffered (although the right to seek compensation is omitted in the Patent and Design Law and in the Copyright Law, claimants may rely on the provisions of the Civil Transactions Act and the Commercial Transactions Law to request damages), it being specified that under the UAE Trademark Law, the right to compensation is subjected to the commission of a criminal offense as provided for under articles 37 and 38.
  • Confiscation and destruction of the infringing goods and equipment used to commit the infringement
  • Publication of the judgment

Mexico Small Flag Mexico

Inventions

IP right

Interim remedy

Final remedy

Patents

1) Withdrawal from circulation the merchandise that infringes IP rights;

2) Stop the use and commercialization of infringing products;

3) Seizure of infringing goods; and

4) Closure of the establishment.

1) Fine

2) Temporary/permanent closure

3) Administrative detention

4) Infringement declaration

5) Stop the commercialization of the infringing products

Utility models

Industrial designs

Integrated circuits

Brands

IP right

Interim remedy

Final remedy

Trademarks

1) Withdrawal from circulation the merchandise that infringes IP rights;

2) Stop the use and commercialization of infringing products;

3) Seizure of infringing goods; and

4) Closure of the establishment.

1) Fine;

2) Temporary/permanent closure;

3) Administrative detention;

4) Infringement declaration; and

5) Order to stop the commercialization of the infringing products.

Trade names

Slogans

Appellations of Origin

Geographical Indications

Copyright and other rights

IP right

Interim remedy

Final remedy

Copyright

1) Withdrawal from circulation the merchandise that infringes IP rights;

2) Stop the use and commercialization of infringing products;

3) Seizure of infringing goods; and

4) Closure of the establishment.

Within an administrative procedure, the final remedies available are the following:

1) Fine;

2) Temporary/permanent closure;

3) Administrative detention;

4) Infringement declaration; and

5) Order to stop the commercialization of the infringing products.

On the other hand, if a civil action is initiated, the final remedies available would be the following:

1) Infringement declaration;

2) Order to stop the commercialization of the infringing products;

3) Order to pay damages; and

4) Order to pay litigation expenses.

Related rights

Reservation of rights

Plant varieties

1) Withdrawal from circulation the merchandise that infringes IP rights;

2) Stop the use and commercialization of infringing products; and

3) Seizure of goods.

A fine determined by the authority.

India Small Flag India

Patents:
In case of infringement of patents, the following interim and final remedies are available in India:

  • Temporary or interim injunction
  • Damages and account of profits:
  • Reasonable royalty
  • Permanent injunctions:
  • Ex parte injunctions:
  • Other remedies include seizure of infringing goods etc

Designs:
A registered proprietor can institute a suit for infringement in a district court or a high court, depending on the pecuniary jurisdiction, for temporary or permanent injunction and/or recovery of damages against any person engaged in the piracy of design.Any person involved in the piracy of design is liable to pay the registered proprietor of design and the proprietor may also bring a suit for recovery of damages for such contravention and for an injunction against the repetition.

The remedy of passing off is also available under the laws of designs. However, the remedy of passing off cannot be combined with the remedy of infringement.

Copyright and trademarks:
In case of copyright infringement, the following civil and criminal remedies are available:
Civil remedies: interlocutory injunctions, pecuniary remedies in the form of damages and account of profits, Anton Pillar orders, Mareva injunctions.

Criminal Remedies for Copyright: Any person who knowingly infringes or abets the infringement of copyright in any work commits criminal offence under S. 63 of the Copyright Act. The minimum punishment for infringement of copyright is imprisonment for six months with the minimum fine of INR 50,000 (USD 780 approx), In the case of a second and subsequent conviction the minimum punishment is imprisonment for one year and fine of INR 1 lac (USD 1580 approx.).

Criminal remedies for trademarks: The Trade Marks Act provides sanctions for falsifying and falsely applying trade marks, which is punishable with imprisonment for a term between six months and three years, and fine between INR 50,000 (USD 780 approx.) and INR 3 lacs (USD 4670 approx.).

Updated: June 15, 2018