Legal remedies available for combating piracy electrical cables in India a critical study

Abstract

This will be the first of its kind study on required paradigm shift in terms of understanding newlineof this problem relevant to the current eco system of Infringement world in India by Bar, newlineBench, Offenders and enforcers of infringements covering Law enforcement agencies and newlineprivate investigation agencies. This study will help in harvesting valuable suggestions for newlineamendments, practice and applications to ensure better adaptation of the Copyright and newlineTrade marks Laws to control this so called white collar crime in a rapidly changed/ newlinechanging socio Economic scenario. Legislation should not remain a paper tiger without newlineteeth and claws. Today, all brand names and the retailing houses reside in the palm of our newlinehands in mobile phones, tablets and smart watches. In this context, the Focus of this thesis newlineis to analyze the existing substantial and procedural provisions regarding remedies in newlinecontrolling brand infringement in letter and in practice. Scope of this study has been limited newlineto electrical cables. For suggesting the potential range of solutions we need to first identify newlinethe problems. We need to further discuss and ensure that the solutions should not prove to newlinebe counterproductive opening path for further conflicts and confusions. To arrive at such newlineframework of solutions one has to go beyond the formal legal reasoning that requires a newlinestudy of the present scenario in terms of actual practices i.e. law at work, inductive and newlinedeductive reasoning by relying on precedents, legal principles and statutes. This is so newlinebecause judicial precedents of lower courts and foreign courts do not have binding authority newlineon the Indian Courts and considering the growing involvement of non-residents in cases of newlinetrademark infringement, passing off and domain names owing to the ever-increasing newlinehorizon of globalization of businesses and internet connectivity, we need definitive law in newlinethis matter. At present there is no comprehensive treaty on intellectual property and the newlinerules of private international law. In India the case law on these questi