Rising To The Challenge: Is There A Need For Specialized IP Courts In India Amidst Global Trends

Hrishabh Daga & Radha Kalate, O. P. Jindal Global Law School

ABSTRACT

The recent development, which has now become a global trend, of establishing specialised courts for specific sectors of law has yielded promising results in terms of increased judicial efficiency and quality. Such courts, with subject matter expertise, help to reduce the long-term burden on general-purpose courts. Among these trends, questions have been raised about whether India should also establish specialised courts for intellectual property disputes, particularly given the fact that this field of law is expanding at a rapid pace, the complexity of IP law, and the success of similar courts in other countries. However, the path to implementation is not clear, and there are obstacles such as limited resources, financial constraints, and accessibility concerns. What is critical is that the potential benefits and drawbacks of this initiative are properly assessed before it is implemented in India. The final decision will be based on balancing these competing variables to determine the feasibility and consequence of specialised IP courts on the Indian legal system.