Latest Trends in Patent Litigation
In addition to being a profitable market, India has developed into a thriving hub for intellectual property rights in recent years. The legal rules governing intellectual property matters have been forged for a long time and have been progressively evolving over time, despite the fact that enforcement of intellectual property by patent attorney India has only recently been more prevalent. In this article, we will discuss about the emerging trends in patent litigation
Patent cases in India
The patterns seen in India align with global patterns, despite the fact that the amount of patent litigation in India peaked only after 2007. The Delhi High Court has seen the most patent litigation, with the Bombay High Court and the Madras High Court following suit. The Delhi High Court has developed into a centre for patent cases and has influenced Indian patent law. Not only are other high courts taking note of its rulings, but international venues are as well. Recent rulings, particularly those made following trials, have solidified India’s position as a formidable enforcement of intellectual property laws.
Technical experts in patent litigation
The Delhi High Court has even matched its regulations to the requirements that result from the particulars of a patent case. In addition to legal issues, complicated technological issues pertaining to patent infringement cases must be resolved for a fair and appropriate decision. An essential component of any patent litigation is a technical expert. The Delhi High Court has permitted “hot-tubbing,” in which technical experts from both parties are questioned concurrently by the court on their areas of contention, in an effort to shorten the time it takes to examine and cross-examine technical witnesses from each party. This cuts down on how long it takes to record technical evidence.
The recording of evidence in front of a local commissioner designated by the court for this purpose is another recent development. Recording evidence takes a long time because each court has a huge backlog of cases. On the other hand, because they are not overburdened with cases, the local commissioners permit flexibility in hearings and can even allow for continuous hearings for evidence. Retired judges are typically chosen to serve as municipal commissioners.
Significant reforms
The unavoidable delay in reaching a final decision in a case has been one of India’s difficult problems. The Commercial Courts Act, 2015 is a major step forward for the government in changing procedures that caused delays. A significant modification introduced by the Commercial Courts Act, 2015 is the “Case Management Hearing,” which establishes a mutually acceptable timetable for a trial procedure that is more efficient, well-organised, and timely. There are provisions for summary judgement, meaning that any party may request a summary resolution of the lawsuit or a specific issue if it doesn’t need to go through the drawn-out process of gathering evidence for a trial. The implementation of a pre-institution mediation requirement in the event that immediate relief is not requested is another noteworthy development.
Predictable trend
In patent litigation, parties may choose to reach a settlement rather than pursue a trial with a patent attorney in India and this is one of the most predictable trends. The parties are shown to prefer a settlement over waiting for the court to make a decision in circumstances where the trial has already started or even finished. A patent case’s early settlement often depends on how the patentee’s request for an interim injunction is handled. Due to this, there have been intense disputes between the parties on the temporary injunction right from the start of the lawsuit.
Categories : patent law 
Tags : Patent Attorney in India