Misc, SC Judgement Dated 27/10/2025 – Section 12A Mediation not mandatory in ongoing IP Infringement 

Case of Novenco Building & Industry vs Xero Energy Engineering Solutions Pvt Ltd, SC  Judgement Dated 27th October 2025.The apex court held that the requirement of pre-institution mediation cannot be applied mechanically in cases of continuing infringement of intellectual property rights. It observed that compelling mediation in such situations, including trademark or patent violations, would effectively deny the plaintiff timely relief and permit the infringer to continue profiting under procedural formality. It restored the suit for adjudication on merits.

(Link: SC Judgement Dated 27/10/2025)

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