In Brief
Novenco, a Danish fan manufacturer, discovered its Indian distributor had breached their agreement and established a competing company producing nearly identical fans. After issuing a cease-and-desist notice and terminating the dealership, Novenco filed a patent and design infringement suit seeking interim relief. The High Court rejected the plaint for non-compliance with mandatory pre-litigation mediation under Section 12A of the Commercial Courts Act, citing a six-month delay. The Supreme Court allowed the appeal, holding that urgency is inherent in continuing infringement of intellectual property rights and does not depend on time elapsed. The Court ruled that mandatory mediation cannot protect infringers through procedural formality, and restored the suit for trial on merits.
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