Delhi High Court Finalizes Draft Rules Governing Patent Suits & Intellectual Property Rights Division Rules; Suggestions Invited By Dec 17

The Delhi High Court has published the final drafts of 'High Court of Delhi Rules Governing Patent Suits, 2021' and 'Delhi High Court Intellectual Property Rights Division Rules, 2021' and has invited suggestions for the two by December 17, 2021.

Delhi High Court Intellectual Property Rights Division Rules, 2021

The Court had earlier this month proposed the Rules subsequent to establishment of the Intellectual Property Division (IPD) in the High Court, to deal with all matters related to Intellectual Property Rights (IPR).

The IPD will deal 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.

The IPDs have been constituted based on the committee's recommendations constituted by Chief Justice DN Patel and composed of Justice Prathiba M. Singh and 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.

Benches for the IPDs shall be notified by the Chief Justice from time to time and exclusive IPD Benches are also likely to be created for dealing with such matters.

The Rules consist of 41 Rules including definitions, procedure for appeals, original petitions, writ petitions, suits, recording of evidence, intervention by third parties, summary adjudication, general clauses, guidelines of written submissions and timelines for oral submissions, costs, Appeals from orders of the IPD etc.

High Court of Delhi Rules Governing Patent Suits, 2021

The Rules consist of 17 Rules including definitions, content of pleadings, first hearing of the suit, Filing of affidavits of admission/denial and other briefs, second and third case management hearing, mediation, Panel of Scientific Advisors, final hearing, summary adjudication and general clause.

"Procedures and definitions not specifically provided for in these Rules shall, in general, be governed by The Civil Procedure Code, 1908 as amended by The Commercial Courts Act, 2015 and the Delhi High Court (Original Side) Rules, 2018 as also the Delhi High Court Intellectual Property Rights Division Rules, 2021, to the extent they are not inconsistent with the present Rules," it reads.

Suggestions may be sent to jr-rules.dhc@gov.in

Click Here To Read Delhi High Court Intellectual Property Rights Division Rules, 2021

Click Here To Read High Court of Delhi Rules Governing Patent Suits, 2021