The inordinate delay in dispensation of justice has led to
development of alternate methods for dispute resolution. The
concept of Alternative Dispute Resolution (ADR) has introduced
a non adversarial mechanism of dispute resolution. It
facilitates parties to deal with the underlying issues in
dispute in a more cost-effective manner and with increased
objectivity. In addition, these processes have the advantage of
providing parties with an opportunity to reduce hostility, gain
acceptance of the outcome and achieve a greater sense of
justice in each individual case. The resolution of disputes
through alternative methods is more viable, economic, and
efficient. The Alternative Dispute Resolution mechanism has
also proven to be efficacious mechanism to resolve
international commercial disputes.
In India, the Judiciary has encouraged out of court
settlements to alleviate the increasing backlog of cases
pending in the courts. The three judgments1 amply
reveal the trend adopted in resolution of disputes. In all the
three cases the plaintiff and the defendant decided to settle
the matter amicably according to the terms of settlement.
In the case Autodesk Inc. versus Mr. Anish Singhal,
the defendants were using unlicensed software belonging to the
plaintiff without paying any consideration for the same. The
terms of the settlement mandated the defendants to purchase the
licenses in respect of the said software in addition to giving
an undertaking that they will not at any time use unlicensed
software of the plaintiff's or indulge in any act that
would amount to infringement of the plaintiffs'
copyright in the various computer programs. In the case Asia
Pacific Breweries Ltd versus Skol Breweries Ltd, the
defendant in the terms of the settlement acknowledged the
plaintiff's exclusive proprietorship in respect of the
trademark TIGER and the device of TIGER as well as of the
artistic works vesting in the labels. The defendant agreed to
withdraw its trade mark application in respect of trade mark
BENGAL TIGER (label) and also undertook to voluntarily cancel
its trademark registration number for the trademark BENGAL
PREMIUM LAGER BEER (Label).
A legal system gets recognition by the way it is handled and
managed. The legal system should appeal the reasons of people.
It is this spirit that has led to the evolution of ADR
mechanisms for the dispensation of justice with efficacy and
1 INTEX TECHNOLOGIES(INDIA) LTD and ANOTHER versus PERVEZ
AIBANI; IA No. 21/2008 and CS (OS) 458/2007; IN THE HIGH
COURT OF DELHI AT NEW DELHI Judgment delivered on :
ASIA PACIFIC BREWERIES LIMITED versus SKOL BREWERIES
LIMITED; IA No. 172/2008 in CS(OS) 1984/2006; IN THE HIGH
COURT OF DELHI AT NEW DELHI; Judgment delivered on:
AUTODESK INC and ANR versus MR ANISH SINGHAL; IA No.
14988/2007 in CS (OS) 2403/2007; IN THE HIGH COURT OF DELHI
AT NEW DELHI; Judgment delivered on: 07.01.2008
This article enunciates the recent, much awaited, and landmark judgment delivered on September 16, 2016 by Hon'ble Delhi High Court throwing light on the important provisions of the Copyright Act, 1962.
Department of Industrial Policy and Promotion recently issued an office memorandum pursuant to receiving representations from various stakeholders for guidance with respect to the applicability of the provisions of Section 31D of the Copyright Act, 1957.
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