India's Apex Court to address Bajaj-TVS interim injunction

Manisha Singh Nair
Lex Orbis
[email protected]

Patent litigation in India seems to be at an upswing with establishments and corporations increasingly approaching Courts to enforce their rights. As litigation in patents undergoes a steep rise every year, it reflects the seriousness of patent holders to enforce their rights and hence make all possible attempts to reap benefits from their intellectual property.

Appeals to interim injunction orders have a prominent role to play since the reversal of an order granting or denying an injunction can have grave commercial implications in favour of either of the parties. The interim injunction is determined by considering the establishment of a prima facie case, balance of convenience tilting in favour of the applicant in respect of the injunction order and irreparable loss and injury being caused to him.