Discuss pre trial relief available in case of infringement of IPR.

Pre-trial relief, also known as interim or provisional relief, refers to legal remedies sought by a plaintiff in intellectual property rights (IPR) infringement cases to prevent or mitigate ongoing harm pending the outcome of the trial. These remedies are intended to preserve the status quo, protect the plaintiff's rights, and prevent further infringement or damage to the intellectual property. Pre-trial relief in IPR infringement cases may include the following:

1. Injunctions:
   Injunctions are court orders that restrain a defendant from engaging in certain activities that infringe upon the plaintiff's intellectual property rights. There are two main types of injunctions:

   • Preliminary Injunctions: Preliminary injunctions are temporary measures granted by the court at the outset of the litigation, before a final judgment is issued. To obtain a preliminary injunction, the plaintiff must demonstrate a likelihood of success on the merits, irreparable harm if the injunction is not granted, and a balance of equities in favor of granting the injunction.

   • Permanent Injunctions: Permanent injunctions are issued as part of the final judgment in the case, permanently prohibiting the defendant from engaging in the infringing activities. Permanent injunctions are typically sought after the plaintiff has prevailed on the merits of the case.

2. Seizure and Impoundment Orders:
   Seizure and impoundment orders authorize law enforcement officials to seize counterfeit or infringing goods, materials, or equipment used in the production, distribution, or sale of infringing products. These orders are commonly used in cases involving trademark counterfeiting, copyright piracy, and patent infringement.

3. Freezing of Assets:
   In cases where the defendant is dissipating assets or transferring funds to evade payment of damages or comply with court orders, the plaintiff may seek a freezing order to prevent the defendant from disposing of or transferring assets pending resolution of the litigation. Freezing orders may apply to bank accounts, real estate, vehicles, or other valuable assets.

4. Preservation of Evidence:
   Preservation orders require the defendant to preserve relevant evidence, documents, records, or electronic data that may be relevant to the infringement claim. Preservation orders help prevent the destruction, alteration, or concealment of evidence and ensure that relevant information is available for discovery and trial.

5. Compulsory License or Royalty Payments:
   In some cases, the court may order the defendant to pay a compulsory license fee or ongoing royalties to the plaintiff for the continued use of the intellectual property during the litigation. Compulsory licenses or royalty payments provide interim compensation to the plaintiff while the case is pending.

6. Publication Orders:
   Publication orders require the defendant to publish corrective statements or disclaimers acknowledging the plaintiff's intellectual property rights and the court's findings of infringement. Publication orders may be used to mitigate the harm caused by false or misleading advertising, trademark infringement, or defamation.

Overall, pre-trial relief in IPR infringement cases plays a crucial role in preserving the rights of intellectual property owners, preventing further harm, and facilitating the fair and efficient resolution of disputes through litigation or settlement negotiations. Plaintiffs should carefully consider their options for pre-trial relief and seek the advice of legal counsel to determine the most appropriate remedies based on the specific circumstances of their case.