What an infrastructure of innovation depends on — a responsive legal system

The success of an innovation infrastructure hinges on the responsiveness of the legal system. Between 1999 and 2005, India witnessed a series of significant amendments to its patent regime, including the reintroduction of product patents for chemical substances. This change led to a surge in interest and awareness surrounding innovation, intellectual property (IP), and the enforcement of IP rights.

These developments were not limited to patents but extended to trademarks, copyrights, geographical indications, industrial designs, semiconductor design layout, and plant variety protection. India's commitment to the World Trade Organisation (WTO) and its TRIPS obligations necessitated the adoption of common minimum definitions and conditions for IP rights protection while allowing for national interests, such as public health.

Consequently, Indian IP laws were revised to align with TRIPS commitments while preserving public-interest safeguards, including compulsory licenses, checks against patent right extensions, local commercial exploitation requirements, and competition law amendments to prevent IP monopoly abuse. These changes occurred amid a complex and sophisticated commercial landscape, resulting in a surge of IP-related commercial disputes.

Consequently, stakeholders' expectations for a more sophisticated and expeditious legal response grew, becoming particularly critical for global business rankings that evaluate ease of doing business in India. The Indian legal system responded through two primary approaches: first, by promoting alternative dispute resolution (ADR) mechanisms like arbitration and mediation to alleviate court congestion and expedite time-sensitive commercial dispute resolutions.

Second, the Commercial Courts Act of 2015 was enacted to enhance the traditional adjudication process. This Act empowered state governments to establish dedicated commercial courts and introduced provisions to speed up dispute resolution. A notable example is the Delhi High Court, which excels in handling complex commercial disputes, particularly IP disputes.

The Delhi HC's track record of delivering nuanced judgments in pharmaceutical drugs, telecommunication essential patents, copyrights, and public health trade-offs has established it as a benchmark for IP rights protection and national interest across the Global South and North. The Commercial Courts Act enabled the court to create an Intellectual Property Division to manage the rising volume and quality of IP disputes.

Additionally, the court's shift to e-filings during the 2020 Covid lockdown and the subsequent 2022 IP Division Rules further enhanced the court's efficiency, garnering high confidence among stakeholders.