Legal Framework

• Commercial court jurisdiction in trademark cases is governed by the Commercial Courts Act, 2015.
  
• The Act applies to disputes of a commercial nature, including intellectual property rights.
  
• Trademark infringement, passing off, and licensing disputes fall under its scope.
  
• The law ensures speedy and efficient disposal of high-value commercial matters.
  
• Amendments to the Trade Marks Act align it with the commercial litigation structure.
  

Jurisdiction Criteria

• Only cases where the specified value is ₹3,00,000 or more are tried by commercial courts.
  
• Jurisdiction is determined based on the location of cause of action or defendant’s place of business.
  
• Commercial courts are usually established at the district level in major cities.
  
• Higher-value cases may go to Commercial Divisions of High Courts with original jurisdiction.
  
• The choice of court depends on territorial and pecuniary jurisdiction.
  

Scope of Cases Covered

• Includes suits for infringement, passing off, cancellation, or rectification of trademarks.
  
• Covers disputes involving licensing, assignment, franchising, and coexistence agreements.
  
• Encompasses claims for damages, injunctions, and account of profits.
  
• Also handles declaratory relief and enforcement of settlement agreements.
  
• Counterclaims and related matters can also be raised before the same court.
  

Procedural Features

• Cases are governed by the Code of Civil Procedure (CPC) as amended by the Commercial Courts Act.
  
• Includes strict timelines for filing written statements and completing pleadings.
  
• Courts may encourage mediation or alternative dispute resolution (ADR) before trial.
  
• Emphasis is placed on case management hearings and summary judgments.
  
• Courts follow an e-document filing system to enhance transparency and efficiency.
  

Advantages for Trademark Owners

• Ensures specialized handling of trademark disputes by trained commercial judges.
  
• Enables quicker relief through interim injunctions and expedited hearings.
  
• Helps in uniform interpretation of IP laws across jurisdictions.
  
• Encourages better compliance with procedural discipline and cost efficiency.
  
• Offers a platform for effective enforcement of trademark rights in high-stakes matters.