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R.R. KRISHNAA (Legal Manager)     18 September 2009


Decide IPR cases within 4 months: SC to courts, tribunals

September 17, 2009



New Delhi: The Supreme Court has directed courts and tribunals in the country to decide all matters related to infringement of intellectual property rights within four months.

A Bench headed by Justice Markandey Katju said the matter of patents, trademarks and copyrights are pending for years.

"This is a very unsatisfactory state of affairs... We direct that the directions be carried out by all the courts and tribunals in this country punctually and faithfully," the Bench stated.

The hearing of such matters should proceed on daily basis and the final judgement should be out normally within four months from the date of filing of the suit, it said.

Citing its earlier judgement in the case of Shree Vardhman Rice & Gen Mills vs Amar Singh Chawalwala, Justice Katju said the matters relating to IPR violations should be decided expeditiously by the trail court instead of merely granting or refusing injunctions.

According to it, after granting temporary injunction the matters get stretched for years without any final verdict. "This is not proper," it said, adding, the provisions of Civil Procedure Code should be strictly complied with by all courts.

The directions came on a plea filed by Bajaj Auto against a Madras High Court's ruling that permitted TVS to use in its bikes the twin-spark plugs, the technology for which Bajaj Auto claims to hold patent. The apex court yesterday allowed TVS to make and sell till November 30 its 125-cc 'Flame' motorbike that sports twin-spark plugs.





 1 Replies

sreedhar (advocate)     01 October 2009

It would be good and fair if Supreme court takes this stand in all cases.

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