As a result of the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, which resulted in the abolition of various boards and appellate tribunals that existed under different laws governing IPR, the Delhi High Court established an Intellectual Property Division (IPD) to deal with all matters related to intellectual property rights (IPR).
The decision to establish IPD was based on the recommendations of a committee appointed by Delhi High Court Chief Justice D N Patel and comprised of Justices Prathiba M Singh and Sanjeev Narula, which has submitted its report on both IPR and non-IPR subject statutes.
In a statement, the high court stated that IPD benches would be notified by the Chief Justice regularly and that exclusive IPD benches would be formed to deal with such matters. An office order will also be issued specifying the nomenclature to be used for such petitions as well as the payment of court fees for such matters. The Delhi High Court is also in the process of developing comprehensive IPD rules. A committee has already been formed to draught the ‘Delhi High Court Patent Rules,’ which will govern the procedures for adjudication of patent disputes before the Delhi High Court,” the statement said.
According to the statement, approximately 3000 cases have been transferred to the Delhi High Court based on information received from the Intellectual Property Appellate Board (IPAB). The Delhi High Court is already dealing with a wide range of IPR cases, including suits alleging infringement of trademarks, copyrights, and patents, as well as writ petitions and revision petitions stemming from IPR suits filed before the commercial courts.
It stated that the establishment of IPD in the Delhi High Court is a significant step that is consistent with global practices in this regard.
The press release can be accessed here.
In addition, an office order has been passed by the Chief Justice of the Delhi High Court with regards to the IPD and is available here.
Charleston IP Private Limited is one of the best patent firms which has clients spread across US, Europe, and India. Kindly drop us an email at info@charlestonip.com or call us/WhatsApp us at +91-96547-11567; +1-85721-76281 for patent consultation.