Robust IP dispute resolution mechanism pivotal to attract FDI: Justice Gautam Patel

A robust intellectual property dispute resolution mechanism to essential to attract foreign direct investment (FDI) and foster economic growth in India, retired Bombay High Court judge Justice Gautam Patel recently said.

Justice Patel, renowned for his contributions to IP jurisprudence, emphasised that the significance of IP is often undervalued.

He described this oversight as a “critical misstep” and argued that a strong IP framework is essential not just for large corporations but for all brand owners.

“Robust IP dispute resolution mechanisms are pivotal for attracting foreign direct investment and fostering economic growth in India,” he said.

IP is not luxury, it is survival, Justice Patel stressed.

The retired judge was speaking at Policy Round Table in Mumbai

He underscored the urgent need for foundational training in intellectual property (IP) laws and set the tone for a robust discussion on the potential establishment of a specialized IP Bench at the Bombay High Court.

The event was organized by the International Trademark Association (INTA) on October 23 and gathered leading figures from the Bombay IP community including lawyers, in-house counsel and key stakeholders.

Participants unanimously supported the call for a dedicated IP Bench at the Bombay High Court, citing the unique complexities of IP law and the necessity for timely dispute resolution.

The event was moderated by Gaurav Miglani, Chair of INTA’s Enforcement Committee, and Vaibhav Vutts, Lead of INTA’s India Task Force.

The round table examined the potential benefits and challenges of establishing a dedicated IP Division at the Bombay High Court.

The participants agreed that the Bombay High Court is strategically important since it handles appeals related to international applications filed through the Madrid Protocol and serves as the country’s financial hub.

Advocate Hiren Kamod, an IP practitioner with extensive experience, supported the establishment of specialized IP Benches, noting that such a division would further enhance the court's existing body of jurisprudence. He pointed out that earlier decisions from the Bombay High Court continue to influence contemporary IP law in India.

While participants expressed strong consensus on the need for a dedicated IP Division, they also acknowledged challenges such as the limited number of judges and the high volume of cases.

The group agreed that ongoing discussions would be vital in shaping a structure that meets stakeholder needs and can be effectively recommended to the Court’s Chief Justice.

The gathering held at Khaitan & Co’s Mumbai office also echoed the solidarity of the Mumbai IP community.