IPR Infringement Jurisdiction Under The Commercial Courts Act, 2015
- IJLLR Journal
- Aug 16
- 2 min read
Priyanka B, Tamilnadu Dr. Ambedkar Law University
ABSTRACT
The Commercial Courts Act, 2015, as amended in 2018, fundamentally restructured the adjudicatory landscape for intellectual property rights (IPR) disputes in India. By designating suits relating to patents, trademarks, copyright, designs, geographical indications, and plant variety protection as 'commercial disputes of a specified value,' the Act channelled IPR infringement litigation into a dedicated fast-track forum the Commercial Court, Commercial Division, or Commercial Appellate Division equipped with specialised procedural rules under the amended Order XIII-A of the Code of Civil Procedure, 1908. This paper provides a systematic and critical examination of the jurisdictional framework for IPR infringement under the Commercial Courts Act, 2015. It analyses the definition and scope of 'commercial dispute' as it encompasses IPR claims, the pecuniary jurisdictional threshold (the 'specified value' of Rs. 3 lakhs, enhanced to Rs. 3 lakhs after the 2018 amendment), the territorial jurisdiction principles applicable to IPR suits, the pre-institution mediation mandate under Section 12A, the summary judgment mechanism, and the interface between the Commercial Courts framework and the special jurisdictional provisions embedded in the Trade Marks Act, 1999, the Patents Act, 1970, the Copyright Act, 1957, and the Designs Act, 2000. The paper further examines landmark judgments of the Delhi, Bombay, and Madras High Courts India's most active IPR jurisdictions interpreting the Act's application to IP disputes, and critically evaluates whether the Commercial Courts regime has delivered on its promise of expeditious IPR dispute resolution. The paper concludes with recommendations for further reform.
Keywords: Commercial Courts Act 2015, IPR Infringement, Jurisdiction, Specified Value, Commercial Dispute, Trade Marks Act, Patents Act, Copyright Act, Pre-Institution Mediation, Delhi High Court, Summary Judgment, CPC Order XIII-A.
