Exclusive: SC Laments “Disturbing Trend” Of Long Interim Orders In IPR Suits; Demands Report From Delhi HC Registrar [Read Order]

The Supreme Court on Monday lamented the “disturbing trend” of long interim orders in suits concerning intellectual property rights.

The issue attracted the Court’s attention in a Petition challenging an order passed by the Delhi High Court in March this year. Having read the order, the Apex Court noticed that the order was essentially a decision on the merits of the case, despite the fact that it was an interim order.

“We wonder if the High Court has thought it proper to write such an exhaustive judgment only because of acceptance of the fact that the interim orders in Intellectual Property Rights (IPR) matters in the Delhi High Court would govern the parties for a long duration of time and disposal of the main suit is a far cry,” the Court opined.

A Bench comprising Justice Ranjan Gogoi and Justice Navin Sinha then took it upon itself to address the issue, observing, “This is a disturbing trend which we need to address in the first instance before delving into the respective rights of the parties raised in the present case.”

It thereafter directed the Registrar General of the Delhi High Court to submit a report on the total number of pending IPR suits before it, divided into different categories; stage of each suit; and the period for which interim orders have been passed in such suits.

The Registrar General was further directed to make recommendations on ways to ensure speedy disposal of the suits involving intellectual property rights. The report has been directed to be submitted to it within two weeks, by 14 August.

The matter has been listed on 16 August, when the Court has decided to consider the report filed by the Registrar General and deliberate on the specific issued raised by the parties.