New Delhi:

Justice Prathiba M Singh of the Delhi High Court called for having strong provisions in the law not only to protect women, but also men.

In an exclusive interview to NDTV, Justice Singh also pointed at numerous cases that take a long time – 10 to 15 years – to be decided, which creates huges problems for both men and women.

“The law only has provisions for sexual harassment of women,” she said, adding it is important to ensure that provisions for sexual harassment of men and other genders are included in future.

She said one change she would like to see is faster processing and disposal of cases under the POSH Act.

Short for Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, most companies in India are strictly adhering to this law to present sexual harassment at the workplace.

“Women are given a lot of respect in this country… Most organisations and companies have set up ICCs, but I feel two changes should be done. A small change can be to ensure cases are decided fast,” Justice Singh told NDTV, referring to internal complaint committees, or ICCs.

“Once ICC is made, there are some five-seven people in the committee, some are from NGOs, all of whom have different timings. So it is difficult to call meetings frequently. We need to dilute the number of members in ICC,” Justice Singh said.

She said there should be two layers of filters to check any complaint. If in the company level nothing is found, then the matter can be closed then and there, but send it to a higher level if something is found, Justice Singh said.

“Sometimes inquiries go on for 10-15 years, which creates problems for the woman and the man concerned,” she added.

“One thing I want to say for the future is that sexual harassment dealt by the POSH Act is focused only on women. But there is a need to focus it also on men and different genders,” Justice Singh said. “It is my experience that many times we see on both sides this is a completely avoidable situation if there is training for the people,” Justice Singh said.

Justice Singh, before being elevated to the Bench, was a leading intellectual property lawyer. She had the distinction of handling landmark matters in all areas of intellectual property rights (IPR) laws including patents, trademarks, designs, copyright, plant varieties, internet laws, etc. In 2022, Justice Singh became the first Indian judge to be elected Honorary Fellow of Hughes Hall, University of Cambridge.

New Delhi:

Justice Prathiba M Singh, currently serving as a Judge at the Delhi High Court, is set to release a comprehensive two-volume book on Patent Law. The unveiling ceremony is scheduled to take place tomorrow in Delhi, with Finance Minister Nirmala Sitharaman in attendance.

The surge in intellectual property litigation, particularly in the realm of patent law, has prompted the need for a thorough and insightful resource. The book, spanning over 2,600 pages across two volumes, serves as a commentary on Patent Law and draws from approximately 500 legal decisions.

Justice Prathiba M Singh began writing the book in 2013 when she was designated as a Senior Advocate. Former Finance Minister Arun Jaitley and Senior Advocate Harish Salve played key roles in encouraging Justice Singh to undertake this monumental task.

The book launch ceremony will witness the presence of international luminaries in patent law, including Lord Justice Colin Birss from the Court of Appeal England & Wales, Dr Klaus Grabinski, President of the Unified Patent Court in Luxembourg, and Dr Annabelle Bennett, Former Judge of the Federal Court of Australia.

The unfortunate deaths of legal luminaries Soli J Sorabjee and Fali S Nariman, who both supported and encouraged Justice Singh in her endeavor, add a poignant note to the event. Fali S Nariman is commemorated as one of the Chief Guests in the invitation, a tribute to his unwavering support.

The book delves into key aspects of patentability, including Novelty, Inventive Step, and Industrial Applicability. Additionally, it addresses the crucial issue of patent infringement and explores potential remedies.

A notable feature of the publication is the inclusion of 70-page snapshots offering a condensed view of the commentary. It also acknowledges the contributions of judges whose decisions are referenced, including Chief Justice of India Justice  DY Chandrachud and other sitting judges.

The book confronts the challenges posed by Artificial Intelligence (AI) in patent law. With the rapid growth of AI technologies, the question of whether AI-created innovations deserve patent protection is a current subject of debate.

Before assuming her role as a Judge in the Delhi High Court in May 2017, Justice Singh had a flourishing practice, specialising in areas such as intellectual property laws, including patents, trademarks, designs, copyright, and internet laws.

A leading global publication has consistently recognised Justice Prathiba M Singh among the 50 Most Influential People in Intellectual Property for the years 2021 and 2022.

Justice Singh cautions that any lawyer quoting this book during a hearing does so “at one’s own risk and peril.”