IPR suits involving infringement can be instituted ordinarily without waiving off mediation under Section 12-A of Commercial Courts Act: Bombay High Court
The Bombay High Court has held that a plea for urgent interim relief by bypassing pre-suit mediation prescribed under Section 12-A of the Commercial Courts Act, 2015 can be dismissed only in cases of manifest fraud or falsity of the pleading.
With regard to IPR suits involving infringement or passing off, the Court held that such suits can be instituted ordinarily without waiving off the pre-suit mediation requirement under Section 12-A of the CC Act.
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