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The Delhi High Court has sought suggestions and comments from members of the Bar in connection with its draft rules to govern Patent Suits.
The comments or suggestions, if any, to the proposed “The High Court of Delhi Rules Governing Patent Suits, 2020” can be sent to the office of the Registrar General at firstname.lastname@example.org, within four weeks.
The draft has been prepared by a Committee comprising Justices Prathiba M Singh, Navin Chawla, Sanjeev Narula and patent attorney Hari Subramaniam.
The Committee was constituted by Chief Justice DN Patel.
The Delhi High Court is the first court which has framed Rules exclusively for patent cases. The Rules are being framed under Section 158 of the Patents Act, 1970.
Patent suits shall mean all suits pertaining to infringement actions, counter claims, claims for revocation, declaration of non-infringement etc.
The draft Rules provide for several technical and procedural aspects that are required to be compiled with at various stages of a patent suit.
Highlights of the draft Rules include:
- Constituting a panel of "Scientific Advisors" to assist Judges.
- Holding three case management hearings.
- Allowing assistance from independent technical experts.
- Allowing modern methods of recording of evidence such as hot-tubbing.
- Having a Confidentiality Club to to share commercially sensitive documentary evidence.
- Permitting video-recording of evidence.
The Rules shall govern the procedure for adjudication of all patent suits and propose to prevail over the Delhi High Court (Original Side) Rules, 2018, in case of any inconsistency.
Read the Notice and the draft Rules: