Supreme Court Clarifies Scope of Mandatory Pre-Institution Mediation in Continuing IP Infringement Cases
Summary The Supreme Court held that the mandatory pre-institution mediation requirement under Section 12A of the Commercial Courts Act, 2015 cannot be mechanically applied to intellectual property infringement cases involving continuing violations, establishing a five-point test to determine when suits 'contemplate urgent interim relief' and thereby qualify for exemption from mandatory mediation. Background and Legal Framework Section 12A of the Commercial Courts Act, 2015, mandates pre-institution mediation for all commercial suits, requiring parties to attempt settlement through mediation before approaching the court. However, the provision contains an exception: suits that "contemplate any urgent interim relief" are exempt from this mandatory mediation requirement. The present case arose from an intellectual property dispute where Novenco Building and Industry A/S filed a patent and design infringement suit against Xero Energy Engineering Solutions Pvt. Ltd. The ...