Why litigation takes so long in India

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Why litigation takes so long in India

Patent owners in India that want to enforce their rights in the courts have to deal with a series of obstacles. Pharmaceutical patents involve extra hurdles

Speakers at a panel discussion on litigation in the life sciences at Managing IP's inaugural IP & Innovation Forum in New Delhi last week explained that the number one problem for all patent owners is delays.

R Parthasarathy, partner of Lakshmi Kumaran & Sridharan, said that, in the case of patents covering the latest technology products, the phrase "justice delayed is justice denied" is particularly relevant.

In India, while the situation is slowly improving, trials still focus on the application for an interim injunction, with the full trial dragging on for many years or being abandoned.

As an example, Parthasrathy used the case of TVS v Bajaj Auto – a dispute between two motorcycle manufacturers over technology relating to twin spark plugs. TVS launched the case in August 2007. The dispute over the interim injunction went to the Supreme Court, which ruled in September 2009 that there should be an expedited full trial heard on a day-to-day basis with no adjournment. The Court stated that the case should be concluded by November 30 2009 and was hailed by some as the beginning of a new era of faster patent litigation in India.

As of February 28, the day of the India IP & Innovation Forum, the trial had not yet started.

The problem is not restricted to IP lawsuits – India's judicial system lacks resources and delays are endemic. Parthasarthy said that, although disputes over the patented technology are particularly urgent, it is difficult for courts to justify allocating large amounts of judicial time to hearing these cases and ignoring others that have languished in the courts for years.

To improve the system, Parthasarathy said that more judges need to be recruited to ensure that, over the course of a trial, the judge does not need to be replaced, which leads to further delays. Judges are often under such time pressure that they can't attend the recording of evidence.

At the same session, Taranpreet Lamba, general manager, intellectual property management at Glenmark Pharmaceuticals, explained to the audience some of the other difficulties faced by plaintiffs in litigation in India, with a particular focus on the life sciences.

Patent litigation cases have increased from only 7 in 2006 to 29 in 2011. In addition to delays, Lamba said other problems for plaintiffs include that the importance of IP protection is not appreciated by enforcement authorities and that there is no specialist IP court.

Patent owners are also likely to be frustrated by the fact that there is no culture of deterrent damages yet in India. Political interference and corruption can also cause problems, as can the lack of an effective mechanism to protect IP rights at Customs.

Life sciences companies also have to take into account India's notorious Section 3(d), the absence of a linkage mechanism between the IP Office and the Office of the Drug Controller General of India, which gives regulatory approval for new drugs. The Supreme Court confirmed this in upholding the rejection of Bayer's application for an interim injunction against Indian generic company Cipla in December 2010.

This means that domestic generic companies are free to launch a new medicine that is covered by a patent owned by an innovator company. The two companies then fight it out in India's scerotic court system.

In addition, India does not have a system of data exclusivity and has a compulsory licensing scheme that could become a serious threat to innovator companies. The first application for a compulsory licence is now being heard by the Controller General for Patents, Trade Marks and Designs. Natco filed the application for the patent covering German pharma company Bayer's anti-cancer drug Nexavar

On the positive side Lamba highlighted the objectivity of the judiciary in India and the fact that the courts are free to take into account court judgments in other common law jurisdictions when writing their judgments.

But the main factor to consider when thinking about patent litigation in India, said Lamba, is the same as elsewhere in the world: money. "The biggest risk is the hole that litigation burns in your pocket," he said.

The India IP & Innovation Forum took place on February 28 at the Regency Hyatt in New Delhi and was attended by over 200 in-house lawyers and business leaders.

more from across site and SHARED ros bottom lb

More from across our site

Lawyers adapting to AI-driven recommendations are being pushed to demonstrate expertise publicly rather than simply relying on a polished website
Mid-market businesses looking to establish an online presence need ‘holistic’ brand protection services at an accessible cost, according to partners
Our latest update also includes the latest case filing statistics, and an update on how a transatlantic merger could be a UPC opportunity for the US half of the partnership
New partners, from biotech company Leyden Labs and Novartis, take the total number of partner hires to 12 since the firm took on external investment in late 2024
Labelled the ‘largest law firm merger in history’, the new outfit could also spell an opportunity for US clients to capitalise on Hogan Lovells' UPC expertise
Andy Lee and Amy Brooks of Brandsmiths explain how the firm secured a win for Peppa Pig over rival children’s character Wolfoo, in a case that centred on copied audio clips
Pedro Moreira outlines proposals by INPI that look set to open a discussion regarding biological materials, extracts, sequences, genetically edited plants, and computer programs
The combined firm, which has a newly appointed IP partner in London, brings together more than 3,500 practitioners across 52 offices, with flagship hubs in Seattle, London, Sydney and New York
A host of SEP-rich law firms, both leading arguments and as intervenors, are set to feature in the UK Supreme Court’s third FRAND episode, though one ground of appeal has been settled
Law firms are investing in generative engine optimisation and boosting their online presence in the hope of gaining a new client base
Gift this article