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The establishment of specialised and dedicated commercial courts will help companies in India protect their IP rights in a more efficient manner.

With rising trade and commerce across borders, the world woke up to the growing importance of intellectual Property rights of individuals as well as entities. Recognising the vital importance of IP law several nations adopted measures to address the arising issues

Ensuring quick adjudication and eliminating a backlog of matters is of prime importance. Of equal importance is adjudication by experts in the various facets of IP law.

In India, addressing procedural and practical aspects of adjudication is perhaps as important as the legislative and jurisprudential aspects of the law itself. Innumerable recommendations have emphasised the importance of facilitating an efficient system to ensure speedy disposal of matters and to breathe fresh life into the proverb ‘justice delayed is justice denied’. Consequently, the Indian legislature tabled the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Bill, 2015.

Authored by Vaishali Mittal.

This article was published in WIPR September 2015.

The Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 became law on 31 December 2015, deemed to come into effect from 23 October 2015.

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