We represent technology and media companies from the US, UK, EU and Singapore in IP and commercial disputes in India — from injunction suits in the Delhi High Court to cross-border licensing disputes and enforcement against infringers.
For a foreign company, Indian litigation brings practical questions that domestic parties do not face. This page sets out the main ones.
Starting a case in India
- Authority: a board resolution and power of attorney authorising a person to sign pleadings and affidavits, and to instruct counsel.
- Execution abroad: documents executed outside India are generally notarised and apostilled (India is a party to the Hague Apostille Convention), or legalised through an Indian mission.
- Evidence: certified copies of foreign registrations, and certificates for electronic evidence under Indian evidence law.
- Security for costs: a plaintiff residing outside India and owning no sufficient property in India may be directed to furnish security for the defendant's costs (Order XXV CPC).
- Witnesses: courts permit evidence by video conferencing, which avoids repeated travel.
Protecting IP in India
- Trademark and copyright enforcement in the Delhi High Court IP Division, including urgent injunctions and local commissioner raids.
- Recognition of a mark as 'well-known', by the courts or the Trade Marks Registry.
- Recording IP with Indian Customs under the IPR (Imported Goods) Enforcement Rules, 2007 to stop infringing imports.
- Domain-name disputes for .in domains under the INDRP, and generic domains under the UDRP.
- Action against online marketplaces, social-media impersonation and app-store listings.
Serving and suing parties abroad
Where a defendant is outside India, service is effected under the Hague Service Convention (to which India acceded in 2006) or by other methods the court permits, including electronic service in appropriate cases.
Enforcing foreign judgments and awards
- Judgments of superior courts of 'reciprocating territories' notified under Section 44A CPC — including the UK, Singapore and the UAE — can be executed in India as if they were Indian decrees.
- Judgments from non-reciprocating countries, including the United States, require a fresh suit in India on the foreign judgment.
- Foreign arbitral awards from New York Convention countries are enforced under Part II of the Arbitration and Conciliation Act, 1996.
Working with you
We coordinate with in-house legal teams and overseas counsel, report in English on a schedule that suits your time zone, and explain Indian procedure — and realistic timelines — in plain terms.
Frequently asked questions
Does a foreign company need an Indian subsidiary to sue in India?
No. A foreign company can sue in its own name through an authorised representative.
Can a US judgment be enforced directly in India?
No. The United States is not a notified reciprocating territory, so a fresh suit on the judgment is required in India. UK and Singapore judgments from superior courts can be executed directly.
How long does IP litigation in Delhi take?
Interim injunctions can be obtained quickly in urgent cases. Full trials take longer, but commercial-court timelines, summary judgment and settlement often resolve matters well before a final judgment.
Last reviewed: 2026-10-20. This page gives general information about intellectual property litigation in India. It is not legal advice, and every matter turns on its own facts. References are to the Trade Marks Act, 1999, the Copyright Act, 1957, the Patents Act, 1970, the Commercial Courts Act, 2015 and the Code of Civil Procedure, 1908 (CPC), as applicable.