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Abuse of dominance: obtaining fraudulent ex parte interim injunctions for designs and copyrights

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A recent CCI order (here) exposes the many dangers of ex parte interim injunctions in relation to IP matters. JCB was held to be abusing its dominant position as it was misusing judicial processes to curb competition. Background Bull Smart Machines Pvt Ltd is a small scale industry engaged in manufacturing low cost loaders, a light construction equipment. Bull Smart filed a complaint before the CCI against JCB, India’s largest manufacturer of construction equipment. It was alleged that JCB was...

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