07 七月 2021

Intellectual Property Division (IPD) created at Delhi High Court with immediate effect

The Delhi High Court has created an Intellectual Property Division (‘IPD’) at the High Court to deal with matters related to Intellectual Property Rights.

As per the Office Order dated 7 July 2021 signed by the Registrar General, the IPD would be governed by the IPD Delhi High Court Rules which are in the process of being framed. Further, the original proceedings before the IPD would also be additionally governed by the Delhi High Court (Original Side) Rules, 2018 and the provisions of the Civil Procedure Code as applicable to commercial disputes and the provisions of the Commercial Courts Act, 2015.

According to this Office Order No. 667/Original Side/DHC, the IPD Benches shall be notified by the Hon'ble Chief Justice from time to time.

The Annexure to the Office Order, in this regard, also specifies the nomenclature etc. of the cases to be filed in the IPD and the court-fees, payable for the time being.

The IPD of Delhi High Court would deal with following matters:

  • All original proceedings and appellate proceedings including Writ Petitions (Civil), Civil Misc. (Mains), RFA, FAO etc., relating to IPR disputes, except matters that are to be dealt with by a Division Bench.
  • All fresh filings in the various IPR categories would also be dealt with by the IPD.
  • IPR suits, revocation applications, cancellation applications, other original proceedings, appeals from the office of Registrar of Trade Marks, Controller of Patents, Copyright Registrar and all other proceedings which were hitherto maintainable before the IPAB.

It may be noted that on 4 April 2021, the President had promulgated the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 abolishing various Boards and Tribunals. Resultantly, the power to deal with all the pending matters before various specified Boards and Tribunals, including the Intellectual Property Appellate Board (‘IPAB’), as also fresh matters under Trade Marks Act, 1999, Protection of Plant Varieties & Farmers’ Rights Act, 2001, Patents Act, 1970, Copyright Act, 1957 and the Geographical Indications of Goods (Registration and Protection) Act, 1999, have now been vested in the High Courts.

It may also be noted that cases under specified provisions of the Customs Act, 1962, the Airports Authority of India Act, 1994 and the National Highways (Land and Traffic) Act, 2002, which were also amended by the abovementioned Ordinance, shall be registered as Writ Petitions (Civil) and shall be listed before the Single Judge or Division Bench.

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