varun kathuria (proffessional) 11 July 2011
Hello,
I have a query regarding infringement and passing - off, a company is manufacturing and selling the product to other country and the same agent there in that country is marketing the product. Now my question is the product has same trademark and same artistic work on it as same as my client's company. i want to know that the juridiction lies here in India as the manufacturer is manufactuirng from India and selling the same to other country.
Thanx in Advance
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 12 July 2011
Jurisdiction definitey vests in Indian Courts as offence is being committed in India. It is not the sale to decide jurisdiction rather it is place of commission of offence.
Raj Kumar Makkad (Adv P & H High Court Chandigarh) 12 July 2011
Jurisdiction vests in Indian Court wherein crime of infringment of trade mark has happenned. Sale of product also gives jurisdiction but Indian Courts have first of all jurisdcition.
Nagaraja B S (Corporate Commercial & IP Lawyer) 18 July 2011
Varun,
Mr. Raj Kumar is absolutely correct. Definitely, an infirngement action can be initiated & it can be under perview of Indian courts.
Feel free to contact me, if you need further details.
Regards,
Nagaraj
IP & Business Lawyer
IP Lex Global Services
Email: nagaraja_bs@iplexglobal.in
Mob: 0091-09902007635 / 34
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