Ground Realities of IP Enforcement in India: Why Raids Require More Than Legal Notices

Written By Mohak Jotwani

Effective brand protection demands strategic coordination, on-ground intelligence, and expert handling of enforcement mechanisms.

Introduction: Enforcement Challenges in the Indian IP Ecosystem

While Indian intellectual property laws — such as the Trade Marks Act, 1999, Copyright Act, 1957, and the Customs Act, 1962 — provide robust remedies for rights holders, actual enforcement remains complex and inconsistent.

Infringement is not limited to online platforms or distant factories. Counterfeit production hubs, grey market distributors, and unauthorised traders operate across India — often with local influence, legal evasiveness, and operational agility.

In such a setting, raids and seizures, although legally viable, are frequently undermined by poor execution, inadequate coordination with law enforcement, or — in some cases — outright tip-offs to infringers.

The Reality: When Enforcement Falters Before It Begins

It is not uncommon for IP rights holders to encounter significant resistance while attempting on-ground enforcement. These include:

  • Delayed police cooperation due to lack of awareness or reluctance to act on IP-related complaints.

  • Administrative hesitation in registering FIRs or pursuing investigation under relevant IP provisions.

  • Information leaks to infringers, often resulting in the removal or concealment of counterfeit goods before a raid can be executed.

  • Misalignment between legal teams and local enforcement protocols, resulting in procedural lapses.

These challenges make it evident that possession of IP rights is only the first step. Their meaningful enforcement requires much more.

The Legal Framework Is Sound — But Execution Requires Expertise

Indian law permits both civil and criminal remedies for infringement. Under the:

  • Copyright Act, 1957 – Sections 63 and 64 enable seizure and arrest.

  • Trade Marks Act, 1999 – Sections 103 and 115 permit criminal complaints, including search and seizure.

  • Code of Criminal Procedure, 1973 – Police can act suo moto in certain IP cases upon complaint and credible evidence.

However, laws alone do not ensure execution. Effective enforcement requires:

  • Well-drafted complaints citing the appropriate statutory provisions.

  • Clear, actionable evidence of infringement.

  • Coordination with appropriate enforcement units — including district police, crime branches, or customs officials.

  • Experienced legal professionals who understand both the IP law and field-level enforcement mechanics.

A Practical Enforcement Model That Works

At Novitas Legal, we adopt a structured, intelligence-led approach to IP enforcement across India. Our model integrates:

1. Pre-Raid Legal Preparation

  • Verified registration certificates

  • Chain of evidence including market samples, online listings, or distributor trails

  • Drafting of criminal complaints under relevant sections

  • Preparation of search and seizure applications where necessary

2. Local Enforcement Liaison

  • Coordination with officers familiar with IP enforcement protocols

  • Escalation to senior officers when local resistance is encountered

  • Pre-briefing police on legal obligations and seizure procedures

3. Raid Execution with Controlled Disclosure

  • Securing warrants or permissions (as needed)

  • Ensuring that information is shared strictly on a need-to-know basis

  • Engaging field agents and legal monitors to accompany law enforcement during execution

4. Post-Raid Actions

  • Documentation of seized goods (with video/photo records)

  • Recording statements and filing seizure reports

  • Assistance in securing destruction orders or settlement agreements

Case Insight (De-Identified)

A leading consumer electronics brand engaged Novitas Legal after suffering repeat counterfeiting by an established distributor. Despite holding valid design and trademark registrations, the client’s prior attempts through local counsel had failed — with suspected tip-offs and no meaningful police response.

Our team:

  • Rebuilt the complaint with enhanced evidence

  • Escalated the matter to a city-level crime unit

  • Dispatched field enforcement specialists

  • Coordinated a successful raid across two warehouses

  • Seized over ₹20 lakhs worth of infringing inventory

Within weeks, the infringer opted for a settlement, including written undertakings and monetary compensation.

Why Specialist IP Enforcement Teams Are Crucial

Enforcement success in India depends on:

  • Understanding local law enforcement dynamics

  • Acting swiftly and discretely to prevent leaks

  • Building trust with authorities through legally sound and operationally feasible plans

  • Being prepared for procedural resistance with escalation paths and on-ground knowledge

Traditional law firms rarely handle this full spectrum. That’s why Novitas Legal combines legal expertise with investigative field capabilities across India.

Conclusion: IP Rights Must Be Defended, Not Just Declared

The Indian IP enforcement landscape demands more than legal notices and formality. It requires experience, discretion, and readiness to act. Rights holders must align with teams who understand the legal, procedural, and practical aspects of enforcement — not just registration.

At Novitas Legal, we’re committed to delivering real-world protection for your IP — with actionable intelligence, strategic planning, and full-spectrum legal support.

Mohak Jotwani
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