Intellectual Property Adjudication-Judicial Perspective

Lord Hewart, CJ, in R vs Sussex Justices, ruled “Justice should not only be done but should manifestly and undoubtedly be seen to be done.”
However, in present times, the higher judiciary has gone a step forward, not only by delivering justice manifestly but also by educating the masses as how to derive the benefits of all laws to be equally attainable by all men. In Ram Jawaya vs State of Punjab (AIR 1955 SCC 549), the Supreme Court held; Indian Constitution has not indeed recognised the doctrine of separation of powers in its absolute rigidity …. and it can be said that our Constitution does not contemplate assumption by one organ of the State of function that essentially belong to another.
As such, the High Court of Delhi, a cornerstone of India’s judicial landscape established in 1966, continues to spearhead legal advancements in Delhi. It serves as a poignant symbol of India’s legal evolution and cultural heritage, tracing it’s roots back to the prestigious Lahore High Court.

In it’s ongoing commitment to enhancing access to justice, the High Court of Delhi, has introduced groundbreaking initiatives, notably the establishment of the Intellectual Property Division in 2022. This Division, coupled with specialised regulations like the High Court of Delhi Rules Governing Patent Suits, has significantly streamlined the adjudication processes, particularly in intellectual property rights disputes, marking a pivotal stride in India’s legal journey.
This year, the High Court of Delhi, proudly hosted the 4th Edition of the World Intellectual Property Organisation (WIPO) Master Class from March 7-9, 2024. In collaboration with WIPO, this three day event brought together esteemed judges from over 20 jurisdictions worldwide including the United States of America, United Kingdom, Germany, Singapore, Australia and many more countries. The WIPO Master Class has been conducted three times in the past, in Munich Germany, Washington DC, USA and Beijing China.
The highly anticipated event commenced on March 7, 2024. Hon’ble Justice Sanjiv Khanna, Judge Supreme Court of India, was the Chief Guest for the programme. Dr. S. Jaishankar, Minister of External Affairs delivered an E-address.
WIPO , as the global forum for intellectual property services, policy, and cooperation, plays a vital role in fostering a balanced and effective international IP system. Through its judicial institute, WIPO strives to strengthen judiciaries and promote just and efficient IP frameworks worldwide.

The WIPO Master Class on Intellectual Property Adjudication serves as an exclusive platform for judges with advanced IP expertise to engage in intensive dialogues and share experiences on modern challenges in resolving IP conflicts. This year’s programme, meticulously organised within the esteemed premises of the S-Block, at High Court of Delhi, underscored a significant effort to deepen understanding and application in IP laws.
Emphasising the evolving jurisprudence of IP across diverse jurisdictions and the influential role of precedent-setting case law, the programme sought to facilitate ongoing learning and exchange of ideas. Through engaging dialogues, case analysis and interactive discussions, participants are poised to enhance their comprehension and utilisation of IP laws, thus fostering legal and judicial reforms.