The Delhi High Court based on the recommendations of the Hon'ble Committee; Hon’ble the Chief Justice has been pleased to direct creation of Intellectual Property Division (IPD) in this court to deal with all matters related to Intellectual Property Rights. These cases will be administered by the Intellectual Property Division Delhi High Court Rules, which are currently being outlined.
The Intellectual Property Division of the Delhi High Court would deal with following matters: –
- All original proceedings and appellate proceedings including Writ Petitions (Civil), Civil Miscellaneous Application, Regular First Appeal, First Appeal from Order etc. relating to Intellectual Property Rights disputes, except matters that are to be dealt with by a Division Bench.
- All fresh filings in various Intellectual Property Rights categories would also be dealt with by the Intellectual Property Division (IPD).
- Intellectual Property Rights suits, revocation applications, cancellation applications, other original proceedings, appeals from the office of Registrar of Trademarks, Controller of Patents, Copyright Registrar and all other proceedings which were hitherto maintainable before the Intellectual Property Appellate Board, under the provisions of the Trade Marks Act, 1999; Copyright Act, 1957; Patents Act, 1970; Designs Act, 2000; Geographical Indications of Goods (Registration and Protection) Act, 1999; Protection of Plant Varieties and Farmers’ Rights Act, 2001 and Semi-Conductor Act, 2000.
With the passing of the Tribunal Ordinance, 2021, the IPR cases which were being dealt with by the Intellectual Property Appellate Board, have now been transferred to the High Courts. The Intellectual Property Division would be governed by the IPD Delhi High Court Rules which are in the process of being framed. Matters relating to Infringement of Trade Marks, Copyrights, Patents, Writ Petitions, and Revision petitions emerging from Intellectual Property Rights suits under the Commercial Courts as well as appeals from orders/judgments of the Commercial Courts concerning Intellectual Property Rights suits will now be heard by the Intellectual Property Division of the High Court.
Until now, there was no publicly available information regarding the number and status of cases being transferred from the IPAB to each High Court. The Delhi High Court's press release recently revealed that there are approximately 3000 cases, which have been transferred from the erstwhile Intellectual Property Appellate Board to the Hon'ble Delhi High Court.
Further as Intellectual Property Appellate Board have been abolished under The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, the general expense of filing and processing an appeal, cancellation and revocation of a petition at the Intellectual Property Division of a High Court is expected to be comparatively higher and would require more hearings for the matters to be resolved.
The creation of Intellectual Property Division (IPD) in the High Court of Delhi is a substantial step which is in line with global practices in this regard.
“We hope that such crucial steps for the constitution of Special IP Division, followed globally by various countries like Japan, Malaysia, UK, Thailand, China etc., will soon be taken by other High Courts of India for effective disposal of matters relating to Intellectual Property Rights.”
Source: www.delhihighcourt.nic.in
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