The Delhi High Court has created an Intellectual Property Division (IPD) to deal with all matters related to intellectual property rights (IPR).
The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 was promulgated by the President of India and was notified on April 04, 2021.
The Chief Justice of the High Court of Delhi, Justice D.N. Patel constituted a committee of Justice Prathiba M. Singh and Justice Sanjeev Narula, in order to have a streamlined and comprehensive review of the manner in which a large quantum of IPR cases ought to be dealt with.
The Committee submitted its report to the Chief Justice both in respect of IPR and non-IPR subject statutes.
The power to deal with all the pending matters before the said Boards/Tribunals as also fresh matters under these statutes, have now been vested in the High Courts.
The press release said that, Under the various Intellectual Property related statutes, the Intellectual Property Appellate Board (IPAB) was dealing with appeals from the IP offices as also matters such as revocation of Trade Marks, Patents, etc.
“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 various categories of IPR matters namely suits relating to Infringement of Trade Marks, Copyrights, Patents, Writ Petitions, Revision petitions arising from IPR suits before the Commercial Courts, appeals from orders/judgments the Commercial Courts concerning IPR suits, etc”, the press release states.
“Based on the recommendations of the Committee, the Chief Justice has been pleased to direct the creation of the Intellectual Property Division (IPD) in the Court to deal with all matters related to Intellectual Property Rights. The IPD so created, besides dealing with original proceedings, would also deal with the Writ Petitions (Civil), CMM, RFA, FAO relating to Intellectual Property Rights disputes (except those which are required to be dealt with by the Division Bench)”, said the press release.
The press release added,
“IPD Benches shall be notified by the Chief Justice from time to time. Exclusive IPD Benches are also likely to be created for dealing with such matters. Office-Order is also going to be issued specifying nomenclature to be given to such Petitions and also about payment of court-fee for such matters”.
The press release stated that the Delhi High Court is also in the process of framing comprehensive Rules for the IPD. A committee has already been constituted for framing of the `Delhi High Court Patent Rules’ which shall govern the procedures for adjudication of patent disputes before the Delhi High Court. The first draft of these Rules has already been notified for stakeholders’ comments, which have been received.
“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 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”, the press release reads.