JUDGMENT :

(A) Introductory Remarks:

Intellectual Property Rights (“IPR” for short) are the rights give to persons over the creation of their minds. Normally, they give the creator an exclusive right over the use of his / her creation for certain period of time. Though the IPR is not just right to exclude other from selling or using the own asset, it is also designated to provide holder with the right to argue or license the rights for commercial or other bona fide uses. Raison d'etre is to protect the intellectual and extraordinary invention / skill / goodwill of an individual, ultimately, enhance the field of GLOBAL TRADE.

The quia timet action is the need of the hours, wherein one feels apprehension for the protection of his own rights (here, IPR) which may be taken away by others in different style.

Quia timet action has been described in Black's Law Dictionary as follows:

“Because he fears or apprehends. In equity practice, the technical name of a bill filed by a party who seeks the aid of a court of equity, because he fears some future probable injury to his rights or inte