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The Code of Civil Procedure, 1908, India
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Latest Version in WIPO Lex
Year of Version
1980
Dates
Entry into force:
January 1, 1909
Adopted:
January 1, 1908
Type of Text
IP-related Laws
Subject Matter
Patents (Inventions),
Trademarks,
Copyright and Related Rights (Neighboring Rights),
Enforcement of IP and Related Laws,
Alternative Dispute Resolution (ADR)
Notes
The general laws in relation to Intellectual Property Enforcement in India are mainly the following:
-The Code of Civil Procedure
-The Indian Penal Code
-The Civil and Criminal Rules of Practice
The Code of Civil Procedure provides for the civil remedies and enforcement through civil courts.
For provisions on intellectual property, see:
Part VII 'Appeals', Section 100A (No further appeal in case of Letters patent for the High Court, see page 29)
Part X 'Rules', Section 129 (Power of High Court to make rules consistent with Letters patent, see page 36)
Order LI 'Presidency Small Cause Courts':
-Part 4 'Written Statements', No. 8 'Defense in suits for infringement of Copyright' (see page 179)
-Appendix F 'Supplemental Proceedings', No. 8 'Temporary Injunctions', 'In Copyright cases', 'In cases of Trademarks cases' and 'Patent cases' (see page 237)
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The Code of Civil Procedure, 1908
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WIPO Lex No.
IN056