Commercial Litigation and Disputes Resolution
India has a special solution for Intellectual property and other commercial disputes namely the Commercial Courts! Set up in 2015, they're faster and friendlier for business disputes. The Commercial Courts Act, 2015 defines 'commercial disputes' which expressly includes cases related to 'intellectual property'. This means that IP cases including enforcement and appeals would go to the commercial court (District level) or commercial division (High Court), subject to jurisdiction.
India also has a unique federal system where select High Courts such as Delhi, Mumbai, Chennai, Kolkata etc. have 'original jurisdiction'. This means that subject to valuation of a dispute and jurisdiction, these highest courts in their respective states can be courts of first instance instead of District Courts. Further, most of these High Courts have set up specialised 'IP' Division wherein special roster has been set up for dealing with IPR cases. This has also resulted in swift disposal of IPR enforcement as well as appeals while settling several important questions of law through judicial precedents.
Post COVID-19, almost all High Courts an several District Courts have adopted E-courts through VC or hybrid mode which enables parties and attorneys to handle several, if not all, hearings remotely thereby adding to enhanced efficiency of the legal system. Compared to the older system, Commercial Courts have shown great results! Cases are being disposed faster, businesses are happier, and the Indian economy is getting a boost.
Being stationed in Delhi, which witnesses one of the largest number of IPR cases, SL is positioned to provide seamless representation to its clients at all levels including IP offices, District Courts, High Court and the Hon'ble Supreme Court of India for enforcement, appeals, mediation and all types of dispute resolution.