Novenco Building & Industry A/S vs. Xero Energy Engg Solutions Pvt. Ltd. & Anr. 2025 INSC 1256

When does a delay in filing an IP suit stop being a hurdle to urgent interim relief? The judgement clarifies that, for continuous intellectual property infringement, “urgency” is judged by ongoing harm and public interest, not by how soon the plaintiff approaches the court. The decision reopens the doors for suits dismissed for not completing mediation under Section 12A, emphasizing that real, continuing infringement cannot be brushed aside for procedural reasons.Key Takeaways:✅ Continuing IP violations can justify skipping pre-institution mediation if prompt court relief is genuinely needed.✅ Delay does not automatically defeat urgency in cases of continuing harm.✅ Courts must assess urgency from the plaintiff’s standpoint considering public interest.Statutes:✅ Section 12A, Commercial Courts Act, 2015✅ Patents Act, 1970✅ Designs Act, 2000✅ CPC, 1908 (Order VII Rule 11)