Pre-Litigation Mediation Not Mandatory in Ongoing IPR Infringement: Supreme Court

The Supreme Court clarified that courts should not compel pre-litigation mediation under Section 12A of the Commercial Courts Act in cases involving ongoing infringement of intellectual property rights (IPR).

The bench held that enforcing mediation before filing such suits would deprive plaintiffs of timely remedies, enabling infringers to continue benefiting under procedural delays, and observed that in urgent IPR disputes, immediate judicial intervention is crucial to prevent irreparable harm to rights holders.

The Court emphasised that mandatory mediation in active infringement cases would defeat the purpose of seeking interim relief, as prolonged procedures could further damage the plaintiff’s commercial interests and legal rights.

[Novenco Building & Industry A/S v Xero Energy Engineering Solutions Pvt. Ltd.]