Delhi High Court creates Intellectual Property Division to deal with IP cases; exclusive IP Benches likely to be constituted

7th July,2021

Delhi High Court creates Intellectual Property Division to deal with IP cases; exclusive IP Benches likely to be constituted

The Delhi High Court has made an Intellectual Property Division (IPD) to manage cases identified with protected innovation issues. The choice was taken dependent on the suggestions of a two-part advisory group containing Justices Prathiba M Singh and Sanjeev Narula, which was established by Chief Justice DN Patel. "In light of the suggestions of aforementioned Committee, Hon'ble the Chief Justice has been satisfied to coordinate making of Intellectual Property Division (IPD) in this court to manage all issue identified with Intellectual Property Rights," an official statement gave in such manner said.

IPD Benches will be told by the Chief Justice every now and then and restrictive IPD Benches are additionally prone to be made for managing such matters, the official statement added. The choice to comprise the two-part advisory group and the IPD was taken considering the way that the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021 prompted the cancelation of different Boards/Appellate Tribunals which existed under various laws administering IPR.This, the Court noted, would prompt different IP matters coming in appeal to the High Court.

"According to data got from the IPAB, approx. 3000 cases are currently to be moved to the High Court of Delhi. Likewise, the Delhi High Court is now seized of different classifications of IPR matters to be specific suits identifying with Infringement of Trade Marks, Copyrights, Patents, Writ Petitions, Revision petitions emerging from IPR suits under the steady gaze of the Commercial Courts, claims from orders/decisions the Commercial Courts concerning IPR suits and so on," the official statement said.

The IPD other than managing unique procedures, would likewise manage the Writ Petitions (Civil), CMM, RFA, FAO identifying with Intellectual Property Rights questions (aside from those which are needed to be managed by the Division Bench). This has been done to keep away from assortment of procedures and to stay away from plausibility of clashing choices regarding matters identifying with similar brand names, licenses, plan and so forth

The High Court will likewise outline complete Rules for the IPD which will oversee the methods for mediation of patent debates under the steady gaze of the Delhi High Court. A board has been comprised by the High Court for something similar and the principal draft of these principles have effectively been advised for remarks by partners.