Top court demands faster IP cases

In an effort to clamp down on judicial delays, the Supreme Court of India has instructed the country’s courts to exercise greater efficiency when handling IP cases. In two recent decisions, Bajaj Auto Ltd v TVS Motor Company Ltd Civil and Shree Vardhman Rice & Gen Mills v Amar Singh Chawalwala, the Supreme Court specifically directed all courts and tribunals in India to expeditiously conduct trials relating to IP.

The court stated that trials should be conducted on a day-to-day basis with a final decision rendered within four months from the date the suit had been filed.

Highlighting the need for greater discipline within the legal system, the court observed: “We are of the opinion that the matters relating to trademarks, copyrights and patents should be finally decided very expeditiously by the trial courts instead of merely granting or refusing to grant injunction. Experience shows that in the matters of trademarks, copyrights and patents, litigation is mainly fought between the parties about the temporary injunction and that goes on for years and years and the result is that the suit is hardly decided finally. This is not proper.”