Delhi High Court Establishes Intellectual
Property Division to Deal with Intellectual Property Cases
The Delhi High Court
established the Intellectual Property Division (IPD) to deal with all matters
related to Intellectual Property Rights (IPR). The IP deals with original
proceedings, Writ Petitions (Civil), CMM, RFA, FAO on
Intellectual Property Rights disputes, except those required to be dealt with
by the Division Bench.
"This has been done in order to avoid multiplicity
of proceedings and to avoid possibility of conflicting decisions with respect
to matters relating to the same trademarks, patents, design etc.," the
Press Note reads.
The IDPs have been constituted
based on the committee's recommendations constituted by Chief Justice D.N. Patel
and composed of Hon'ble Ms. Justice Prathiba M. Singh
and Hon'ble Mr. Justice Sanjeev Narula. The committee
was constituted to streamline and comprehensively review how a large quantum of
IPR cases should be dealt with; they have submitted their report on IPR and
non-IPR subjects.
Chief Justice of the Delhi
High Court, D.N. Patel, while directing the creation of IPDs, also noted that
the bench should be notified by Hon'ble the Chief Justice from time to time and
exclusive IPD Benches are also likely to be created for dealing with such
matters.
The nomenclature and payment
of court fee to such petitions will be soon specified through an Office-Order,
the Press Note further clarified.
The Press Note also mentions
that comprehensive Rules for the IPD are being framed. For governing the
procedures for adjudication of patent disputes before the Delhi High Court, a
Committee has been constituted to frame the `Delhi High Court Patent Rules.'
The first draft of these Rules has received stakeholders' comments.
The press note further adds,
"The creation of the Intellectual Property Division
(IPD) in the High Court of Delhi is a significant step which is in line with
global practices in this regard. Such IP Divisions or IP Courts, which
exclusively deal with IPR matters, already exist in the UK, Japan, Malaysia,
Thailand, China etc. The creation of IPD with comprehensive Rules governing IPR
matters, is a momentous step taken towards efficient disposal of such
matters."
It also mentioned that
separate directions would be issued for non-IPR statutes.
The position earlier was that
under the various Intellectual Property related statutes, the Intellectual
Property Appellate Board (IPAB) dealt with appeals from the IP offices and
matters such as revocation of Trade Marks, Patents, etc. The IPAB was abolished
by The Tribunals Reforms (Rationalisation and
Conditions of Service) Ordinance, 2021, while having a 'substantial pendency.'
"As per information received from the IPAB, approx.
3000 cases are now to be transferred to the High Court of Delhi. In addition,
the Delhi High Court is already seized of various categories of IPR matters
namely suits relating to Infringement of TradeMarks,
Copyrights, Patents, Writ Petitions, Revision petitions arising from IPR suits
before the Commercial Courts, appeals from orders/judgements the Commercial
Courts concerning IPR suits etc.", the press note mentions.