The enforcement of intellectual property (IP) rights can prove to be a lengthy and tedious process, during which rights may continue to be infringed and damages accrued. In order to protect the rights of the litigators during a trial to decide upon an alleged violation, relief in the form of an interim injunction may be applied for. If such an application is successful, an order for an interim injunction will be passed under Order XXXIX Rules 1 & 2 of the Civil Procedure Code, 1908, and the injunction will remain in force until the trial of the main case concludes.
Partner
Lex Orbis Intellectual Property Practice
Order XXXIX Rule 1 lists cases in which a temporary injunction may be granted. Such cases include any suit where it is proved by affidavit or otherwise:
(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree, or
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Manisha Singh Nair is a partner at Lex Orbis, an intellectual property practice law firm headquartered in New Delhi.
