(3d) 160, at paras. The doctrine of 'Delay or Laches' is thus an equitable doctrine. Elements of Laches. The doctrine of laches is an equitable defense that seeks to prevent a party from ambushing someone else by failing to make a legal claim in a timely manner. Laches and acquiescence 1. To explore this concept, consider the following doctrine of laches … silent acquiescence and acquiescence by silence). Estoppel by acquiescence is different from estoppel by laches as acquiescence involves an intentional act of the party who is accused of acquiescence, while laches may result from conduct that is not voluntary. Trademarks: Doctrine of delay, laches and acquiescence. Laches and Acquiescence; Civil Procedure; Search Summary: The ruling arose from a preliminary objection raised by the defendant’s counsel where the plaintiff files a suit after 20years have lapsed after the defendant defaulted to pay the bonds even until when they matured. "Laches" is a doctrine which, like a statute of limitations, serves as a defense to legal proceedings when the plaintiff has waited too long before bringing the claim. While it is true that there is overlap between laches and acquiescence and there is a high degree of similarity between the two in pleadings, there is indeed a subtle, but crucial distinction. Because it is an equitable remedy, laches is a form of estoppel. This research would be addressing the controversial issue surrounding the use of the equitable doctrine of Laches and Acquiescence as a defence to intellectual property infringement. The Superior Court decision in Tsui-Wong v. Xiao contains a good summary of the principles of laches and acquiescence:. Cases in Equity are distinguished from cases at law by the type of remedy, or judicial relief, sought by the plaintiff. laches: A defense to an equitable action, that bars recovery by the plaintiff because of the plaintiff's undue delay in seeking relief. Acquiescence, delay, or laches may defeat the right to an injunction to compel the removal of an encroachment, if it existed for an unreasonable length of time before action is taken. 157-159 as a succinct and current formulation for the defence of laches: ... CAM News Network Limited [1], has provided an explanation to the three terms delay, latches, and acquiescence as follows- Distinction between Laches and Acquiescence. The doctrine of ‘Delay or Laches’ is thus an equitable doctrine. Laches is a defense to a proceeding in which a plaintiff seeks equitable relief. Silence is acquiescence (aka. The Test for the Doctrine of Laches [222] I adopt the comments of Penny, J. in Indcondo v.Sloan, 2014 ONSC 4018 (CanLII), 121 O.R. LACHES AND ACQUIESCENCE IN IPR
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2. The Indian judicial system follows rules of equity in the court of justice. In order to successfully assert a laches defense, the following three elements must be present: (1) a delay in asserting a right or a claim; (2) the delay was not reasonable or excusable; and (3) either acquiescence in the act about which plaintiff complains OR prejudice to the defendant resulting from the delay. Laches and acquiescence are based upon general principles while limitation is a matter of express and inflexible rules of law and applies independently of the existence of laches of acquiescence. It is instructive in this vein, to refer to two cases, to throw light on the nature of the equitable defences.