India: Multinationals that sell in India through a redistribution model will find it difficult to stop rip-off traders thanks to a recent Supreme Court ruling
A recent decision of the Indian Supreme Court has thrown the issue of where to sue for copyright infringement into the spotlight. The case, Dhodha House & Patel Field Marshal Industries v SK Maingi & PM Diesel , prevents suits against copyright and trademark infringement from being brought in courts in Indian cities where the plaintiff corporation’s goods are available, notwithstanding special provisions in the Copyright Act 1957 and the Trademarks Act 1999, which enable a suit to be filed at the place where the plaintiff “actually and voluntarily resides or carries on business or personally works for gain”.
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