Justice Manmohan, Acting Chief Justice Of The Delhi HC Advocates Global Cooperation In Combating Intellectual Property Challenges

High Court of Delhi and World Intellectual Property Organisation conducted a masterclass on Intellectual Property Adjudication - Judicial Perspectives on 7th March 2024. The chief guest for the event was Justice Sanjeev Khanna, Judge, Supreme Court of India The guests of honour were Dr S. Jaishankar, Hon'ble Minister, Ministry of External Affairs Justice Manmohan, Acting Chief Justice, High Court Of Delhi Justice Pratibha Singh, Chairperson, IP Division Committee Eun Joo Min, Director, WIPO Judicial InstituteJustice Manmohan addressing the gathering highlighted the principle of "Athithi Devo Bhava," which signifies the reverence accorded to guests in Indian culture. Justice Manmohan provided insights into the evolving landscape of intellectual property (IP) law, particularly in response to technological advancements. He highlighted the challenges posed by digitalization, wherein traditional concepts of territorial jurisdiction become inadequate in addressing issues such as online piracy. "Earlier the proverbial IP infringer operated from an offline establishment and was within the reach of the Courts. With the rapid advancement of science and technology (S&T), transactions across borders are concluded at the click of a button and the infringer's identity and location remains unknown. Thanks to the digital revolution, national boundaries have ceased to have any relevance in the commercial world. The core concept that IP Laws are territorial is under serious strain" he said. Drawing from the entertainment industry, Justice Manmohan illustrated the complexities of combating online piracy, especially when the infringing content originates from foreign servers. He emphasized the proactive approach adopted by Indian courts, particularly the Delhi High Court, in addressing jurisdictional constraints through dynamic injunctions. Manmohan underscored the necessity of global cooperation to effectively combat copyright violations and piracy, which transcend national boundaries. He emphasized the limitations of unilateral measures and advocated for a collaborative approach to address cross-border IP disputes. The speech delved into the nuances of balancing competing rights in IP litigation, using the example of Standard Essential Patents (SEPs). He discussed key rulings and highlighted emerging issues, such as determining a global FRAND rate and harmonizing standards across jurisdictions. Justice Manmohan also emphasized the importance of international dialogue and collaboration in shaping effective IP frameworks. He highlighted the need for judicial openness to incorporate best practices from diverse jurisdictions, promoting fairness and predictability in IP litigation.

Justice Manmohan, Acting Chief Justice Of The Delhi HC Advocates Global Cooperation In Combating Intellectual Property Challenges

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