In an increasingly intangible world, where there are more websites than shops and brick and mortar establishments as well as more and more corporate entities preferring to deal online rather than offline, it has become quite imperative that they are preferring to deal with customers in cyber space more and more than in the real physical mode as was prevalent about half a century ago.
The corporate world has made giant leaps, whether calculated or of faith, in this regard and thus there arose the need of the legal aspects to safeguard the genuine companies from the fly by night operators that crop up trying to ride on the backs of such companies. Over the course of time this need has also evolved at much the same pace and proportion. However, in countries like India where although there is a bear hug welcome for the convenience of the online process of buying and selling, the other side of the coin, which is the protection of trademarks or the Intellectual Property Rights are yet to take a stronghold as they have in the western world, which can be termed in its nascence when it comes to India.
In light of the above hence, the superseding authority may not always be exposed to such cases in the present scenario. This may lead them to deal with such sensitive cases in much the same way that they deal with any other case that comes in their purview. In that case, it becomes necessary for the lawyers and attorneys to be well versed with the technicalities and marry them with the legal language so as to enable the judges presiding over the case to get not just an eagle’s eye view but also an in depth understanding of the problem at hand. This multi pronged approach to the problem will ensure that the judgements passed will not only be fair and unbiased but mutually acceptable to the parties involved. Moreover, not much time and money will be spent on the costs that are normally associated with litigation, which happens in cases pertaining to case of other jurisdictions.
Additionally, since the case is presented swiftly because of relevant competencies being handled by appropriate lawyers who have studied and specialised in such cases, all the aspects are covered and the process and end result are prompt.
Moreover, there is also an inherent need for cases to be decided at the earliest. This is because of the fact that there are many patents and trademarks that have a low shelf life. This is true in the case of anything that is in the purview of the dispute because of the fact that if the case takes a bit too long to be decided either way, that technology could run the risk of being rendered obsolete or outdated and will be replaced by something more advanced. This is true even in the case of certain literature plagiarism cases where the relevance of the story could be lost if a substantial period is spent on deciding the case.
In the light of the above, an ADR seems to be the only plausible and effective way to resolve the issue and also to enable the parties to go about their businesses and do what they are best equipped to do.
Given the above argument, it seems logical that an avenue for Alternative Dispute Resolution is the only way forward for parties that are involved in such a case. Whether it is a case of trademark infringement or even property dispute within the family, ADR or mediation could prove to be the best way to resolve the issue which could balloon into a crisis and potentially result in restrained relationships between the suing entities.