What's New

Comments & Summaries
October 21, 2021

Summary: Draft “Delhi High Court Intellectual Property Rights Division Rules, 2021”

Author: Sunidhi Bansal

The High Court of Delhi released a draft of the proposed “Delhi High Court Intellectual Property Rights Division Rules, 2021” on October 8, 2021, for stakeholder consultation. The members of the Bar have been requested to submit their comments/suggestions within two weeks through an email. The draft Rules lay down the practice and procedure to be followed for matters listed before the recently created Intellectual Property Division (“IPD”) of the Delhi High Court.

The IPD will adjudicate upon matters pertaining to all forms of Intellectual Property Rights (IPR) including statutory claims as well as enforcement of common law remedies like passing off, unfair competition, disparagement, tortious activities, etc. The IPD will deal with all original, appellate and other proceedings related to IPR [including all proceedings which were hitherto maintainable before the Intellectual Property Appellate Board (“IPAB”)], except matters that are dealt with by a Division Bench. The rules also provide the categories, nomenclature and procedure for different proceedings that can be filed before the IPD.

As per the rules, in all matters filed before the IPD, an advance copy shall be served on the address of service and via email upon the Respondents and their counsels, at least forty eight hours in advance and mentioning the likely date of listing. Towards expeditious disposal, no further notice would be issued and the matter may be heard and disposed of on the first day of listing.

Notably, the rules also provide that in the matters listed before the IPD, intervention by third parties may be permitted suo moto or upon an application by any person. The IPD may refuse or accept such application after hearing the parties concerned.

The rules also provide for the consolidation of multiple proceedings relating to the same or related IPR, irrespective of whether the said proceedings are between the same parties or not, subject to the discretion of IPD.

Further, the rules also provide for summary adjudication without the requirement of filing a specific application seeking summary judgement, in cases not related to patents. The rules lay down separate categories based on which summary adjudication maybe considered in patent cases. The IPD has also been empowered to maintain a panel of experts and appoint two law researchers for assistance with techno-legal aspects pertaining to IPR.

The Draft Rules can be accessed here – https://delhihighcourt.nic.in/writereaddata/Upload/PublicNotices/PublicNotice_5J4GUGI051K.PDF

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

Copyright: ALG India Law Offices LLP

  • Non Solicitation
  • Data Privacy & Protection
  • Conflict of Interest Policy
  • Data & Document Retention Practice
  • Firm Management Policy
  • Liability
  • Disclaimer
  • Privilege
  • Copyright
  • Billing Policy
  • Pro Bono