In order to enhance the objective of the Commercial Courts Act, 2015, amendments were made in 2018 to streamline the resolution of commercial cases and bring commercial matters within its scope. Additionally, issues related to Intellectual Property Rights were incorporated into the definition of a 'commercial dispute' under Section 2(c)(xvii) of the Act. To further promote the efficient resolution of commercial cases, the introduction of Section 12A of the Act made it compulsory for conflicting parties to attempt mediation before instituting a commercial lawsuit.
“Execution” in itself is not defined under the Code of Civil Procedure, 1908. In simple words it means a process for enforcing a decree that is passed in favour of the decree-holder by a competent court. Section 37 to 39 of the Code of Civil Procedure, 1908 in related to the courts competent enough to execute a decree.
E-filing of cases relating to IPR infringement (Patent, Trademark, Copyright and Design infringement) will be made compulsory in all the commercial courts particularly those based at Bengaluru, Mumbai, Delhi, and Kolkata. This move is being implemented to increase India’s position in the World Bank’s Ease of Doing Business rankings. India is presently at the 63rd position amongst 190 countries
This is a brief commentary about handling trials successfully and doing justice to the brief on behalf of a client. Upon being entrusted with the papers and after obtaining the client’s instructions, it is important to analyse the pros and cons of the case, study the law on the subject, do a research on the case law relating to the issues arising and mentally formulate an overall strategy for eventual success as well as the steps in detail needed to achieve it. In case of a plaint, the same should be drafted by stating the facts chronologically, referring / annexing documents wherever app
We, as a society, have been constantly metamorphosing from an era of ‘Might is Right’ towards that of ‘Knowledge is Power’. I find support to this statement in the widening boundaries of what constitutes intellectual property today and consequently those of what constitutes infringement.
The oncoming of the internet and technological advancements have opened doors for various new professions and for practicing the traditional professions in a new manner and the legal profession is no exception to this.
Counterfeit products, in the trademark sense, are produced with the intention of taking advantage of the popularity of a brand and the superior value of the goods and services associated with that brand....
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