Delhi High Court Intellectual Property Rights Division Rules
The Delhi High Court, on 24th February 2022, has notified the Intellectual Property Rights Division (IPD) Rules for seamlessly resolving the IPR issues. The Delhi High Court has made these Rules for the matters listed before its IPD concerning practice and procedure for exercising its original and appellate jurisdiction and other miscellaneous petitions arising out of IPR and related statutes. The substantive provisions governing Intellectual Property matters are contained in The Trade Marks Act, 1999; The Copyright Act, 1957; The Patents Act, 1970; The Designs Act, 2000; The Geographical Indications of Goods (Registration and Protection) Act, 1999; The Protection of Plant Varieties and Farmers’ Rights Act, 2001; The Semiconductor Integrated Circuits Layout-Design Act, 2000; Information Technology Act, 2000 as also in common law.
There are a total of forty rules, and two schedules notified. The Rules include definitions, procedures, strict guidelines for written submissions, timelines for oral submissions, etc. The schedules provide formats of the Forms and the fee structure.
Some of the key features of the rules are concerning consolidation of IPR subject matters or cases or proceedings or disputes, panel of experts, law researcher(s), patents/trademark agents, mediation and early neutral evaluation (ENE), appeals from orders of the IPD, and cases transferred from the Intellectual Property Appellate Board (IPAB).
The consolidation of IPR subject matters or cases or proceedings or disputes: Where there are multiple proceedings relating to the same or related IPR subject matter, irrespective of whether the said proceedings are between the same parties or not, the Court shall have the power and the discretion, wherever appropriate, to direct consolidation of proceedings, hearings, and also to direct consolidated recording of evidence/common trial and consolidated adjudication.
The Court may, in any IPR subject matter, seek the assistance of expert(s) (including individuals and institutions) relating to the subject matter of the dispute as may be necessary.
The Judges of the IPD shall have the assistance of additional Law Researchers who shall possess technical qualifications. Such Law Researcher(s) may possess a degree in any technical field or specialization in any IPR subject matter or have experience in the field of intellectual property.
The most important point to be noted is that the Agents who are registered as Patent agents or Trade Mark agents, as also any professional/academician having knowledge of the said subject matter of the dispute shall have a right of audience, when permitted by the Court, to appear along with the counsels/legal practitioners representing the parties to assist the Court.
Further, at any stage, in any proceeding, if the Court is of the opinion that the parties ought to explore mediation, the Court may appoint a qualified mediator or panel of mediators, including mediators with training or experience in IPR subject matter(s). Consent of the parties is not required once the Court is of the opinion that an amicable resolution needs to be explored. Further, such mediation will be conducted under the aegis of the Delhi High Court Mediation and Conciliation Centre and, where necessary, in collaboration with the relevant IPO.
Moreover, if maintainable, appeals shall lie against orders of the IPD to the Division Bench either in the form of a Letters Patent Appeal or in the form of appeals to the Commercial Appellate Division under Section 13, commercial courts Act, 2015.
According to the Rules, all cases under various categories received in the Delhi High Court from the IPAB shall be registered and listed before the IPD and given the nomenclature as provided for in these Rules. The IPD shall broadly follow these Rules for the adjudication and disposal of the said cases, to such extent as possible.
Link for IPD Rules- https://lnkd.in/gvRxPzTG