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Illustration of the Supreme Court of India with a legal headline announcing the ruling in Novenco Building & Industry A/S v. Xero Energy, highlighting that pre-institution mediation under Section 12A is not mandatory in cases of ongoing trademark and patent infringement.

Interpreting “Urgent Interim Relief” U/S 12A: The Supreme Court’s ruling in Novenco Building and Industry Vs. Xero Energy Engineering Solutions Pvt. Ltd.

2025-11-14 6:37 am

The Supreme Court’s decision in Novenco Building & Industry A/S v. Xero Energy Engineering Solutions Pvt. Ltd. (2025 INSC 1256) defines when a commercial suit can bypass pre-institution mediation under Section 12A. The Court held that ongoing IP infringements inherently involve urgency, as each act causes fresh harm and misleads

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