LITCON 2014 - Conference on IP Litigation
The Tamil Nadu Technology Development & Promotion Center of CII is organizing a Conference on IP Litigation - "Devising Winning strategies for protection and Enforcement of your IPR".
Date: 6th December, 2014
Venue: Hotel Taj Connemara, Chennai
In recent years, Intangible assets have become a predominant factor in businesses. As per a recent study, patent filings across the globe have increased by 22% and countries are competiting interms of technology and IP. IP is now the key factor to determine the competitiveness of a company. It is acquired extensively by industries both for offensive and defensive purposes. Other than, protection and valuation, enforcement of IP completes the cycle of innovation. Industry has to reform the overall business goals and strategies with a long-term perspective and it is necessary for the industries to understand the importance and to formulate an effective business strategy considering Company's objective, investment, legal and IP for patent enforcement and competitiveness. This would eventually prevent litigation or minimize the effects of the same. Now days, Businesses are well-positioned in the realm of patent litigation, with patent owners adopting an aggressive approach for enforcing their patent rights and technology.
In India, IP litigation is considerably growing and has seen landmark judgments in the recent years.
As per the IPO report, there is a five-fold increase in the filing of patents from 8,503 in 2000 to 42,950 in 2013-14. During the same period, 2, 00,005 trademarks applications were filed and 2, 03,086 applications were examined. The no. of trademarks registered during 2013-14 was 67,873. This increase in IP filing shows that, the necessary awareness is already in upswing amongst the companies. As a result, an increased number of patent disputes are landing in courts, playing a very important role in ultimately resolving the disputes and interpreting the law. Comparing the no. of litigation before the Patent Amendment, 2005, there were just two cases whereas from 2007 to 2010 there have been at least 40 reported cases. In Delhi high court, around 500 new cases are filed every year [till 2011] and disposed off at the same rate. IP litigation is not only about patent - which is actually a huge cost incurring practice but also equally about TM and Copyright.
The trademark of intellectual property (IP) is also experiencing a swift mainly interms of branding and focusing on building a positive perception of a product or services. The reasons behind the rise of trademark litigations in India are because of the significant rise in identified incidents of trademark infringement/passing off/counterfeiting, and awareness among IP proprietors of the necessity of protection and enforcement of their trademark rights.
Following are the summaries of published decisions relating to trademark infringement in India, till May 2013, there have been 19 published cases on the issue of grant of injunction, in which, in 15 cases Court granted injunction, and in 3 cases, it did not, while in 1 case, plaintiff withdrew its application.
According to USCourts.gov, the number of patent infringement suits filed in the U.S. increased by 59 percent between 2001 and 2011. Meanwhile, the number of patents granted in that same period increased by only 35 percent, which supports the view that patent litigation is considered and being played the important factor in the business. Both contractual and non contractual disputes are demanding.
International business transactions are increasing in number, size and complexity. These proceeding and transactions require careful strategy and management. The problem will arise, if the parties are domiciled in different jurisdictions, or if IP is protected in several countries, resolving cross-border disputes through litigation in national courts may involve additional risks.
With the rise of IP litigation cases around the world, companies are keeping a keen eye to reduce their legal, and in particular litigation costs. So, alternative dispute resolution strategies are considered including Out-of-court dispute resolution mechanisms, ie. Mediation, arbitration administered by the WIPO Arbitration and Mediation Center. However, the highlight is that, arbitration in IP is that it is binding only between the parties and does not set a public precedent. It is a private and confidential procedure and better protects trade secrets and other sensitive information. The advantages are numerous. It offers people to choose arbitrators familiar with the law and technology, languages, laws, venues and flexibilities in proceedings in resolving the matter, especially when the conflict spans issues of different jurisdiction.
Litigation may be a cost incurring practice, but it retains the right of an inventor. The IP and the practices are taking its revolution in India, which is evident with the number of cases filed and is constantly expanding, which paves way for technology and Innovation to evolve.
- One day Conference
- To discuss about the latest evolving IP case laws
- Insights on Multi-Jurisdictional Litigation Strategies
- Discussion - Benchmark cases
- A forum to interact with the top legal experts in IP
- Way forward - IP Litigation in India
LITCON aims to create a platform for Companies and individuals to understand the litigation trends, dispute and resolution methodologies in IP, to gain competitive advantage in the market and to capacity build young professionals and counsels in IP.
- Latest in Multijurisdictional IP litigation Action: A Global Perspective
- Impact of new and evolving case laws in Patent litigation: Trends & Pitfalls
- Strategy for successful TM Litigation in India & Overseas Markets: Case Laws
- Comparison of Court procedures in India and Abroad: Best Practices
- Panel Discussion: IP litigation in India & Abroad. : Alternate Horizons for Business Success
- CII Member: Rs. 2000/-
- Non Member: Rs. 3000/-
- Academic Institution: Rs. 1500/-
- Overseas Participant: Rs. 5000/-
(Per Participant / including tax)
Ms. Sowmiya D.R.
Tamil Nadu Technology Development & Promotion Center
Confederation of Indian Industry
98/1 Velachery Main Road,
Chennai 600 032, India
Phone: 044-42444555/603 (D)
Download Program Agenda, Registration Form