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Intellectual Property: Disparity in the Indian Proceedings

The significance of Intellectual Property maybe amounted to the traditional use of stamps on bricks by Roman brick-makers for the aim of identification, and even before that once the leaders of the ancient Greek town of Sybaris granted monopoly for one year on cooking a delicious dish to its creator.

Obviously, a lot of has modified since then with the advancement of science and technology and international business. Intellectual Property could be a product of human intellect and therefore the rights granted on that enable its owner to to learn from the fruits of this intellectual endeavour by gaining a monopoly over it. Such profit isn't perpetually a natural right however needs recognition by a statute.[1]

The Legal Framework
In India, Intellectual Property rights recognizes The Patents Act, 197o; The Trade Marks Act, 1999; The Copyright Act, 1957; The Geographical Indications of products (Registration & Protection) Act, 1999; The Semiconductor Integrated Circuits Layout style Act, 2000; The Biological Diversity Act, 2002; The Protection of Plant Varieties and Farmers' Rights Act, 2001.

Intellectual Property rights (IPRs) play a key role in each sector and became the idea for crucial investment decisions. IPRs are exclusive rights and thus there's perpetually a challenge to strike a balance between the interests of innovators and therefore the interests of the society at large. Another necessary issue has associate adequate legal framework to guard the interests of innovators and encourage confidence that their Intellectual Property are protected, successively triggering additional innovation.[2]

IPR proceedings in Republic of India is kind of attributable to the big variety of courts, varying degree of expertise of the judicial officers in IPR matters and ranging manners of practice.

As a result, some courts became most popular forums over others. Most of the suits for infringement are filed in Delhi and city, particularly in High Courts of those cities. though these jurisdictions are preferred thanks to its courts' in-depth expertise and bigger understanding of IPR matters, their giant volume of cases also are thanks to the very fact that Delhi is that the capital of the Republic of India and Mumbai is the country's economic capital. Thus, large volumes of business disputes are natural.

With the rising of cases addressing IPR laws - together with patents, trademarks, copyrights and style laws - there has been a complete variety of 727 cases filed at the Delhi state supreme court and therefore the Bombay state supreme court throughout the last year. out of these, 531 cases relating to trademarks, followed by copyrights (157), and patents (42). There have been about 532 cases within which ex parte injunctions were granted and there were 661 cases in which permanent injunctions were granted. Solely ninety two cases were settled within the last year.[3]

The Commercial Courts Act, 2015
The Republic of Indian legislative assembly established business courts in India by passing a brand new Act in 2o15, which came into being in 2o16, with the target of streamlining and expediting business lawsuits, together with IP disputes.

Under this act, commercial courts are established at the district level and commercial divisions have additionally been established at intervals High Courts having standard original civil jurisdiction. This new enactment has given a separate treatment to commercial cases that embrace cases concerning intellectual property.

Under the same Act, if any party feels that its opponent has no real prospect of succeeding in or defensive a claim, which recording proof would be superfluous, then it's going to apply for a outline judgment. The endeavour is to listen to associated conclude oral arguments at intervals six months of the time once the parties have finished reviewing all the documents. This procedure is supposed to confirm the speedy disposal of suits. Excluding changes in law to boost the speed of trials, the govt has taken initiatives for the coaching of judicial officers such IPR matters are handled in a speeded-up manner.

The Cell for IPR Promotion and Management (CIPAM), that could be a government body, has been operating in conjunction with WIPO and therefore the National Judicial Academy, Republic of India (NJA) for organizing coaching and sensitization programmes on IPRs for prime Court and district court judges. 2 colloquiums on business laws for prime Court judges were control at the National Judicial Academy of Bhopal.

CIPAM, in association with NJA, enclosed the discussion on Intellectual Property rights within the Colloquium on business Laws for prime Court Justices held in Gregorian calendar month 2o17.

Proceedings of the Indian Courts
India is commencing to be recognized as a pro-innovator jurisdiction with courts having a greater understanding of IPR laws. Moreover, with a correct legal framework in situ associated no discrimination on the position of the entities declarative their IP rights, Republic of India has seen a manifold increase within the assertion of IP rights by innovators. This is often one facet to the trends of proceedings in India, particularly for IPR matters. From the opposite side, the trend has been that when an ex parte injunction is granted, it takes a substantial quantity of your time to get rid of such injunction and additionally for the trial to conclude.

Moreover, once an injunction is granted, the party in whose favour such injunction is granted 1o days to delay the proceedings and prolong the trial. As several as 9% of the cases are completed over twenty years when the date of the keep order. About 21% of the cases have been completed more than ten years after the date of the stay order.

As per the information on the market up to 2017, there are in way over 3,ooo cases that are still unfinished in numerous courts for an amount of more than ten years so as to curb this misuse of the statutory right granted to the litigants, the 3 Judges Bench of the H'onble Supreme Court within the landmark case of Asian Resurfacing of Road Agency Pvt. Ld. & ors. V. Central Bureau of Investigation ((2018) sixteen SCC 299) directed that altogether unfinished cases wherever keep against proceedings of a civil or criminal trial is operating, an equivalent can come back to an endwise end of six months, unless in an exceptional case by a speaking order such stay is extended.

In cases where a stay is granted in future, the same would end on expiry of six months from the day, unless in an exceptional case by a speaking order such keep is extended. Courts in India, particularly in IP matters, have recognized the importance of curtailing willful infringement of IP rights associated are generously granting restitution to the innovators though the quantity of punitive damages granted by the courts isn't very large, such damages are granted additionally to the important damages and act as a deterrent.[4]

As may be seen from the discussions, Indian proceedings trends gift an awfully balanced approach by the courts in IP matters. Courts don't withdraw from granting ex parte injunctions against infringers, and prolonged ex parte injunctions also are frowned upon. Moreover, with new laws in place, the time taken to complete an attempt has been shortened significantly.

  1. Tikku, A. (1998). Indian Inflow: The Interplay of Foreign Investment and Intellectual Property. Third World Quarterly, 19(1), 87-113.
  2. PARGA, C. (2oo1). Intellectual Property Rights. In J. M. Salazar-Xirinachs & M. Robert (Eds.), Toward Free Trade in the Americas (pp. 2o7-229). Brookings Institution Press.
  3. KUMAR, D. (2o21). Snapshot Of Recent Landmark Judgments & Legislative Updates In The Indian IP
  4. Landscape. Mondaq.
  5. Gupta, J. L. (2oo5).Intellectual Property Rights - Need For A Liberal Approach. Journal of the Indian Law Institute, 47(4), 5o2-5o7.

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