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

The Delhi High Court has created an Intellectual Property Division (IPD) to deal solely with cases related to intellectual property issues. .The decision was taken based on the recommendations of a two-member committee comprising Justices Prathiba M Singh and Sanjeev Narula, which was constituted by Chief Justice DN Patel. "Based on the recommendations of aforesaid Committee, Hon’ble the Chief Justice has been pleased to direct creation of Intellectual Property Division (IPD) in this court to deal with all matters related to Intellectual Property Rights," a press release issued in this regard said.IPD Benches shall be notified by the Chief Justice from time to time and exclusive IPD Benches are also likely to be created for dealing with such matters, the press release added. .The decision to constitute the two-member committee and 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..The High Court will also frame comprehensive Rules for the IPD which shall govern the procedures for adjudication of patent disputes before the Delhi High Court. A committee has been constituted by the High Court for the same and the first draft of these rules have already been notified for comments by stakeholders. .With similar IP Courts already functioning in UK, Japan, Malaysia, Thailand, China etc., this step by the High Court falls in line with established global practices..[Read Press Release]