February 28, 2008

Court's Approach in Granting Interim Injunctions

THE APPROACH FOLLOWED by the courts in granting or refusing interim injunctions has not been a consistent one, especially when the matter pertains to 'heavy' intellectual property cases, like the ones involving patents. That new technology can be mind-boggling seems to have bothered the judiciary which now spends considerable time (at the expense of other pending matters) hearing these heavy matters even at the interim stage. Such exclusive attention may be good for the litigants whose get undivided attention of the court in matters where their business interests are at stake. But from a systemic level, it portrays a sad state of affairs. My article in today's The Hindu Business Line brings forth the problems we will face if we follow the traditional approach of deciding a prima facie case, balance of convenience and irreparable hardship (the three elements to be satisfied for the grant of an interim injunction) and proposes a more efficient, equitable and time-saving approach in granting injunction. The article is available here.

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