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Commercial Disputes in Intellectual Property (IP) Matters

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Unlike other laws Intellectual Property Law is also not transparent. It has grey areas, which has to be interpreted by the courts. Indian Patent Office (IPO) is empowered to confer Intellectual Property Rights (IPRs); however, the scope of its enforceability is determined by the courts. Further, the scope of claims in Intellectual Properties (IP) particularly patents have to be determined by the court when an infringement suit is arisen. On the other hand, registration doesn’t confer validity of Intellectual Property Rights (IPRs) for the whole term. These rights can be invalidated or challenged in the court of law during their subsistence. Therefore, there are cases when IP assets of one person is infringed by other person, ultimately give rise to cause of action to file a IP litigation. IP litigation is the process of settling a legal dispute pertaining to IP between the parties through appropriate court or tribunals. In these cases, the right holder always tries to get an  ad-in...