Landmark ruling issued by the Supreme Court on Pre-suit Mediation in a matter argued by Remfry & Sagar
Procedural technicalities should not sabotage the genuine need of injunctive relief in IP enforcement cases....the Supreme Court has ensured that rights-holders are not left remediless while infringing conduct continues.
Under the Commercial Courts Act, 2015, all commercial disputes in India are subject to a mandatory pre-institution mediation regime, requiring parties to attempt mediation before filing a suit.
However, this requirement is waived in a suit that “contemplates any urgent interim relief.”
Here, the Supreme Court of India held that in cases of continuing IP infringement, urgency is inherent, and therefore, the exemption from pre-institution mediation squarely applies.
It clarified that, “each day of continuing infringement aggravates injury to intellectual property and erodes its market standing” and the requirement of pre-institution mediation cannot be mechanically applied in IP cases involving continuing infringement. In such a scenario, the plaintiff is effectively left without a remedy against infringers – not a circumstance envisaged under mediation provisions.
The ruling harmonizes earlier conflicting interpretations and ensures prompt judicial access to injunctive relief in IP matters.
Remfry & Sagar represented Novenco (Novenco Building & Industry A/S v. Xero Energy Engineering Solutions Pvt. Ltd. (2025 INSC 1256) before the Supreme Court.