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January 1, 2024

Legal Issues Seminar-General IP (LIS-GIP) On ‘Whether High Courts Can Proceed With Rectification Proceedings Without Staying The Initial Infringement Suit?’

Featuring: Shreyak Patnaik

A ‘Legal Issues Seminar – General IP’ (LIS-GIP) was conducted by Shreyak Patnaik, Associate, on ‘Whether High Courts Can Proceed with Rectification Proceedings without Staying the Initial Infringement Suit?’. The seminar explored whether the court is bound to stay a suit for infringement pending the final disposal of the rectification proceeding. The session focused on recent decisions from the Delhi High Court wherein the court has clubbed the rectification and infringement suit. The session delved into the relevant Delhi High Court IP Division Rules, and the amendments to the Trade Marks Act, 1999 (the “Act”) subsequent to the Tribunals Reforms Act, 2021. The session also discussed contrary observations by the court which mention that stay of the suit is statutorily mandated, and is not within the discretion of the courts. The session concluded with a discussion on the impact of the abolishment of IPAB, and the jurisdiction of the High Courts, and whether there is a requirement to stay an infringement suit pending disposal of the rectification proceeding as mandated in Section 124 of the Act.

The presentation can be accessed here.

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