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Aarushi Jain

leads the Intellectual Property and Education Practice Groups at the multi-skilled and strategy driven international law firm, Nishith Desai Associates. With a niche focus on IP laws, she has advised several clients, both domestic and international, on IP advisory and transactional. She assists clients in IP investments, acquisitions, joint ventures, licensing, marketing and distribution deals. She is actively involved in IP litigation as well and works extensively on intellectual property and commercial law matters.

Recent Articles by Aarushi Jain

Pre-Institution Mediation Under the Indian Commercial Courts Act: A Strategic Advantage

A 2018 amendment to the Indian Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015 (“Commercial Courts Act”) makes it mandatory for a party to exhaust the remedy of mediation before initiating court proceedings under the Commercial Courts Act, with the limited exception of cases where urgent relief is being sought. Patent infringement disputes, being disputes of a commercial nature, are governed by the Commercial Courts Act and, therefore, the mandatory pre-institution mediation provision applies to such disputes. The time bound mediation procedure envisaged in this provision allows a patentee to not only bring a possible infringer to the negotiation table under the threat of future litigation but also allow patentees to resolve disputes in a timely manner by avoiding long-drawn litigation in Indian courts. Patentees can now consider a different strategy when considering steps for enforcement of patent rights in India in view of the possible advantages of such mediation proceedings discussed in this article.