Critical Analysis Of The Practice Of Regular Granting Of Interim Injunctions

It is a known fact that Indian courts, in relation to IPR infringement cases, are prone to granting interim/ex-parte interim injunctions for putting an immediate bar over such an alleged violation. However, it has to be taken into account that, as happened in a plethora of cases, the party against whom such an injunction is issued did not actually violate the Intellectual Property Rights of the other party. In such cases, despite the courts providing for due compensation, a party may suffer harms, which might be irreparable, due to the earlier issued interim injunction. In relation to this, the author aims to analyze the unpopular opinion of doing away with interim injunction and submit its own opinions in relation to the same.