Shivani Gadhavi –
Published On: December 13, 2021 at 14:30 IST
The Delhi High Court has finalized the publication of final drafts of ‘High Court of Delhi Rules Governing Patent Suits, 2021’ and ‘Delhi High Court Intellectual Property Rights Division Rules, 2021’ and the High Court is also open to suggestions till December 17th, 2021 relating to the publication.
The Delhi High Court at the beginning of the December, 2021 proposed that there must be rules pertaining to the formation of the Intellectual Property Division (IPD) in the High Court which would look at the matters relating to Intellectual Property Rights (IPR).
The Intellectual Property Division will hear matters and disputes in regards with Intellectual Property Rights vis-a-vis original proceedings, Writ Petitions (Civil), Chief Metropolitan Magistrate, Right of Appeal and First Appeal of Order.
The Intellectual Property Division will hear all the aforementioned matters except the ones that are supposed to be heard by the Division Bench of the High Court.
The establishment of the Intellectual Property Division comes because of the recommendation of a committee comprising of Chief Justice D.N. Patel, Justices Pratibha M. Singh and Sanjeev Narula.
The Committee submitted a report relating analysis of how the Cases under IPR can be dealt with.
There are 41 rules for formation the IPDs such as Writ Petitions, definitions, procedure for Appeals, general clauses etc. The rules governing the Patent Rights are 17- definitions, panel of scientific advisors, mediation, summary adjudication, general clauses etc.
The Draft states, “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 was also the Delhi High Court Intellectual Property Rights Division Rules, 2021, to the extent they are not inconsistent with the present Rules.”
Also Read: What is Intellectual Property? and Rights of owner
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