Delhi High Court Establishes Intellectual Property Division To Deal With Intellectual Property Cases

The Delhi High Court established the Intellectual Property Division (IPD) to deal with all matters related to Intellectual Property Rights (IPR). The IP deals 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.

"This has been done in order to avoid multiplicity of proceedings and to avoid possibility of conflicting decisions with respect to matters relating to the same trademarks, patents, design etc.," the Press Note reads.

The IDPs have been constituted based on the committee's recommendations constituted by Chief Justice D.N.Patel and composed of Hon'ble Ms. Justice Prathiba M. Singh and Hon'ble Mr. 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.

Chief Justice of the Delhi High Court, D.N. Patel, while directing the creation of IPDs, also noted that the bench should be notified by Hon'ble the Chief Justice from time to time and exclusive IPD Benches are also likely to be created for dealing with such matters.

The nomenclature and payment of court fee to such petitions will be soon specified through an Office-Order, the Press Note further clarified.

The Press Note also mentions that comprehensive Rules for the IPD are being framed. For governing the procedures for adjudication of patent disputes before the Delhi High Court, a Committee has been constituted to frame the `Delhi High Court Patent Rules.' The first draft of these Rules has received stakeholders' comments.

The press note further adds,

"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 the 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."

It also mentioned that separate directions would be issued for non-IPR statutes.

The position earlier was that under the various Intellectual Property related statutes, the Intellectual Property Appellate Board (IPAB) dealt with appeals from the IP offices and matters such as revocation of Trade Marks, Patents, etc. The IPAB was abolished by The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, while having a 'substantial pendency.'

"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 of various categories of IPR matters namely suits relating to Infringement of TradeMarks, Copyrights, Patents, Writ Petitions, Revision petitions arising from IPR suits before the Commercial Courts, appeals from orders/judgements the Commercial Courts concerning IPR suits etc.", the press note mentions.

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