Litigation
Over the last decade,there has been an ideal change in IP litigation landscape witnessed by the India. A game plan ghas been planned bythe legislature and the judiciart to address the crucial need for rapid disposal of cases
Framework
The judicial system of India is a Federal one which consists of a Supreme Court, 24 high Courts, and 600 District Courts. Among 24 High courts, 5 are courts of first instance, in other words, these 5 have original jurisdiction. The High Courts of Delhi, Chennai, Kolkata and Mumbai are the courts of the first instance, which concentrate more on Intellectual property litigation. From the orders of the courts, the appeal has two steps.
Positive developments (Shrinking timelines, damages)
Over the last decade, there has been an ideal change in IP litigation landscape witnessed by the India. A game plan has been planned by the legislature and the judiciart to address the crucial need for rapid disposal of cases,specifically the economy is affected by those which have a commercial nature including IP. To tighten the procedure and minimize delay a resultantly amendments are made in the procedural laws.
With periodic judges' training workshops courts have been equipped to understand the basics and also the finer nuances of intellectual property jurisprudence.
In early 2016 the Parliament passed a law for setting up of ‘commercial courts’ for speedier and effective resolution of commercial disputes. The life span of an IP lawsuit in commercial courts when fully functional will be comparable to some of the most developed jurisdictions worldwide.
The courts are increasingly conscious of the importance of awarding damages as an integral component of litigation and are ensuring the establishment of a culture of grant of compensatory and or punitive damages when the claim for damages is well supported and argued. Patent litigation in particular has witnessed an increasingly high incidence of grant of damages.
Our services
The Firm provides a smorgasbord of litigation services to a widely varying set of clients across different industries and business sectors from every corner of the world. We represent clients in all manner of litigation in the courts of first instance and the appellate courts (courts of second instance) in cities across the country, and in the Supreme Court of India which is the last court of appeal.
Our experience in litigation services includes but is not limited to all conventional IP subject matter such as trademarks, patents, designs, copyrights, trade secrets and confidential information, and expanded claims of unfair competition under common law, competition law, arbitration, the law of torts, constitutional challenges, media & entertainment law, IT & e-commerce, plant varieties, geographical indications, etc.
We see alternate dispute resolution as a very important aspect of litigation and for this reason we assist clients with equal vigor and commitment in ADR as we apply in litigation, understanding and ensuring that litigation serves as a precise means to an end rather than be an end in itself.
Our Practice
The Firm's primary focus is to responsibly and determinedly assist courts and tribunals in developing IP jurisprudence while meeting its clients' objectives and expectations from litigation in the most resource efficient and cost effective manner. Unique remedies are explored and case-appropriate strategies applied to achieve the best results for our clients.
