Featuring: Sucharitha Banda
A ‘Legal Issues Seminar- General IP’ (LIS-GIP) was conducted by Sucharitha Banda, Associate, on “When Can a Plaintiff Being Aware of Infringing Use be Entitled to Injunctive Relief in A Delayed Suit?”. The seminar explored the provisions of Section 135 and Section 33 of the Trade Marks Act, 1999, which provide for relief in suits for infringement or for passing off and the effect of acquiescence on the rights of the plaintiff, respectively. The session delved into the judicial decisions that provided insights on the standards of equity employed by the Courts while analysing the impacts of delay in initiating a suit. The seminar focused on the differences in the concept of delays, laches and acquiescence and provided an overview of the jurisprudential outlook of Courts, which has been developing over the course of time, in assessing rights of parties. The session concluded with a discussion on the recent development in the Court’s outlook in approaching delays and laches with a practical lens so as to mitigate the prejudice caused to the defendant owing to the delay by plaintiff in initiating a suit.
The presentation can be accessed here.
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