Intellectual Property (IP) has evolved into a critical component of innovation and global competitiveness in India’s economy. As businesses pivot toward intangible assets like data, algorithms and branding, IP protection is no longer a matter of formality—it is a strategic imperative. The last few years have witnessed an unprecedented rise in IP litigation, backed by judicial reforms, technological disruption, and the growing recognition of IP as a driver of national and economic growth.

Surge in IP Registrations and Litigation
India’s IP ecosystem is experiencing exponential growth. In 2023 alone, the country processed over 4.76 lakh trademark applications and approved more than 1.15 lakh registrations, marking a historic high and a 6.1% year-on-year increase. Similarly, it recorded 64,480 patent applications, with resident filings exceeding 55% for the first time. This surge reflects the deepening of innovation culture and has triggered a corresponding uptick in IP enforcement—especially across domains such as digital platforms, AI, pharmaceuticals and licensing.

Judicial Reforms and Institutional Strengthening
The Delhi High Court set up a dedicated Intellectual Property Division (IPD) in 2021 to adjudicate all IP-related matters with domain-specific expertise. Similar moves are afoot in the Bombay, Madras, and Calcutta High Courts. Simultaneously, the Commercial Courts Act, 2015 classified IP as a commercial dispute, enabling streamlined litigation, mandatory pre-institution mediation, and broader jurisdiction for IP holders—including where their customer base is located. This has emboldened rights-holders to litigate more proactively.

The Trademark Litigation Boom
India’s booming trademark registration rate has translated into widespread litigation, especially in FMCG, fashion, e-commerce, and pharmaceuticals. Courts see treat trademarks as vital economic and reputational assets. Enforcement tools like ex parte injunctions, John Doe orders, and domain takedowns are widely used. The judiciary’s recognition of trademarks as more than just registration formalities has significantly strengthened brand protection in India.

Piracy, Licensing, and Digital Platform Liability
Indian courts have responded swiftly to digital piracy and counterfeiting, particularly in the entertainment, publishing and consumer goods sectors. Through dynamic injunctions (that cover future URLs) and stringent enforcement orders, they are holding digital marketplaces and platforms accountable. Once an intermediary is notified of infringing content, continued inaction can deprive it of safe harbour protections under Section 79 of the IT Act. This has increased the responsibility of platforms to police their ecosystems.

Standard Essential Patents (SEPs) and Global Licensing
India is gaining prominence in SEP and FRAND licensing disputes, particularly in the telecom and electronics sectors. In InterDigital v. Xiaomi, the Delhi High Court issued an anti-enforcement injunction to prevent a foreign court from interfering with Indian proceedings. This reflects India’s growing confidence in shaping global licensing frameworks, aligning with jurisdictions such as the U.S., EU, and China.

AI and the Evolution of Copyright Law
India’s Copyright Act, 1957 does not yet address the legal status of AI-generated content, creating ambiguity around authorship, originality and derivative rights. Courts are beginning to hear disputes involving AI-generated material, particularly around the use of copyrighted inputs for training AI models. Until legislative clarity is introduced, judicial interpretation will guide the treatment of AI in IP law—potentially making India a thought leader in this domain.

Pharma Patents and the Public Interest Doctrine
In the pharmaceutical sector, courts balance IP enforcement with public health considerations. Through Section 3(d) of the Patents Act, India prevents evergreening by rejecting patents that do not show enhanced efficacy. Cases like Novartis v. Union of India and Bayer v. Natco reaffirm the state’s ability to issue compulsory licenses in public interest. The COVID-19 pandemic further highlighted the need for flexible patent enforcement in times of crisis.

Trade Secrets and the Call for Legislative Reform
India lacks a dedicated Trade Secrets Protection Act, on the lines of the U.S. Defend Trade Secrets Act or EU Trade Secrets Directive. Courts currently rely on contracts, fiduciary duties, and equitable principles to resolve such disputes. With the enactment of the Digital Personal Data Protection Act, 2023, there’s a growing overlap between trade secret protection and personal data regulation. The industry is calling for a dedicated statute to enhance enforcement and cross-border protection of proprietary information.

Mediation and ADR: Speed and Confidentiality in IP Disputes
Alternative Dispute Resolution (ADR) is gaining traction in IP litigation, particularly under the Commercial Courts Act, which mandates pre-institution mediation for eligible commercial disputes. Industry bodies like NASCAP (National Association for Software and Content Applications Professionals) are proactively supporting this trend. As NASCAP notes:

“IP disputes require not just resolution, but resolution with speed, discretion, and domain expertise. Mediation ensures preservation of IP value without unnecessary attrition or exposure.”

This shift is particularly beneficial for startups and digital-first businesses that seek timely, confidential dispute resolution.

Strategic and Proactive Enforcement of IP Rights
Indian companies are using litigation strategically—not just for protection, but for market control, licensing leverage, and competitive exclusion. Courts are responding with sophisticated tools such as summary judgments, global injunctions and cross-border enforcement mechanisms. This trend signals that IP is no longer a defensive asset; it is a proactive instrument in modern business strategy.

Toward a Mature and Balanced IP Ecosystem
India’s IP litigation landscape is maturing rapidly. Judicial reforms, expanded registrations, digital enforcement, and strategic industry participation reflect a system that is more responsive, globally harmonised, and future-ready. However, legislative reform is still needed in areas like AI authorship, trade secrets and intermediary accountability.

With over 1.15 lakh trademarks granted in 2023, increasing patent filings, and a judiciary unafraid to shape global licensing norms, India is well on its way to becoming a global IP powerhouse. The emphasis now must be on balancing enforcement with innovation, protection with access, and litigation with alternative dispute resolution—ensuring IP truly becomes the engine of India's innovation-driven growth.

Dinesh Jotwani is Co-Managing Partner, Jotwani Associates