Delhi High Court invites comments from Bar on draft Delhi High Court Intellectual Property Rights Division Rules, 2021

The Delhi High Court has framed the draft Delhi High Court Intellectual Property Rights Division Rules, 2021 and circulated the same inviting comments and inputs from the Bar..The rules were framed by a two-member committee comprising Justices Prathiba M Singh and Sanjeev Narula, which was constituted by Delhi High Court Chief Justice DN Patel to examine the creation of an Intellectual Property Division (IPD) in the High Court to deal solely with cases related to intellectual property issues..Some of the salient features of the Rules are set out below:(1) All the petitions which were filed before the erstwhile IPAB, IPR suits, all appeals and other petitions arising out of IPR matters from the Commercial Courts at the district level would all be heard by IPD. The nomenclatures of all these cases have been stipulated. (2) IPR matters would include –a. cases relating to all IPR statutes relating to patents, copyrights, trademarks, geographical indications, designs, semiconductor integrated circuit layout-designs and plant varietiesb. Cases raising issues concerning the use of traditional knowledge; c. Cases asserting common law rights relating to IPRs such as passing off, disparagement and comparative advertising cases;d. Disputes relating to trade secrecy, breach of confidential information and related subject matters; e. Tortious actions involving Intellectual Property, privacy and publicity rights; f. Disputes concerning rights pertaining to data protection and data exclusivity; g. Cases under the Information Technology Act, 2000 dealing with the rights and liabilities of intermediaries and e-commerce platforms involving issues relating to Intellectual Property. (3) The procedure for the filing of each of the petitions, appeals etc. has been prescribed. The forms and court fees for the various categories of matters have been included. (4) In case of multiple proceedings relating to the same IP, the IPD can direct the consolidated recording of evidence, common trial and consolidated adjudication. (5) Summary adjudication can also be resorted to in IPR cases by the IPD without the need of a specific application, on principles akin to Order XIIIA of the Code of Civil Procedure, 1908, as amended by Commercial Courts Act, 2015. (6) The Rules also contemplate summary adjudication of patent cases in the following categories: (a) Where the remaining term of the patent is 5 years or less; (b) A certificate of validity of the said patent has already been issued by any High Court or the Supreme Court; (c) If the Defendant is a repeated infringer of the same or related Patent; (d) If the validity of the Patent is admitted and only infringement is denied. (7) The IPD of the Delhi High Court can maintain a panel of experts to assist the Court. (8) Two law researchers can be appointed to each of the Courts in the IPD for rendering assistance on techno-legal aspects. (9) There were some apprehensions expressed as to whether patent agents and trademark agents would have a right of audience before the IPD. Rule 29 enables such patent agents and trademark agents to address the Court for rendering assistance along with lawyers/legal practitioners. (10) Modern forms of recording of evidence including hot-tubbing are provided for..The decision to create the IPD was taken in view of the fact that the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 led to the abolition of various Boards/Appellate Tribunals which existed under different laws governing IPR.This, the Court noted, would lead to various IP matters coming in appeal to the High Court."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 Trade Marks, 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 release said.The IPD besides dealing with original proceedings, would also deal with the Writ Petitions (Civil), CMM, RFA, FAO relating to Intellectual Property Rights disputes (except those which are 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..[Read Note]