Unit V · Intellectual Property Law

Civil remedies and overlap among copyright, design and trade mark

Study aid only. Confirm statute numbers with the current bare Act and the official OU LL.B. (3-YDC) 2024–25 syllabus PDF.

Statute sections

Act / instrument	Section	Name
Copyright Act, 1957	55	Civil remedies for infringement
Patents Act, 1970	108	Reliefs in suits for infringement
Trade Marks Act, 1999	135	Relief in suits for infringement or for passing off

(2009) 9 SCC 797 · Supreme Court of India

IP infringement suits should be tried on a tight timetable so that interim orders do not become the final relief.

AIR 1984 SC 667 · Supreme Court of India

Import of pirated recordings can be restrained; 'import' in the Copyright Act includes bringing goods across the customs frontier.

(2004) 28 PTC 401 · Delhi High Court

Disparaging comparative advertising of a rival's trade dress/product is actionable even among lawful competitors.