Delhi High Court Notifies Rules Governing Patent Suits; Intellectual Property Rights Division Rules, 2022

The Delhi High Court has notified the High Court Of Delhi Rules Governing Patent Suits, 2022 and Delhi High Court Intellectual Property Rights Division Rules, 2022.

Delhi High Court Intellectual Property Rights Division Rules, 2022

The Rules have been made in exercise of the powers conferred by sec. 7 of the Delhi High Court Act, 1966; sec. 129 of the Code of Civil Procedure, 1908 and powers conferred under the various Intellectual Property statutes as amended by the Tribunal Reforms Act, 2021.

The Rules are made for the matters listed before High Court's Intellectual Property Division with respect to practice and procedure for the exercise of its original and appellate jurisdiction, and for other miscellaneous petitions arising out of IPR and related statutes.

The Preamble of the Rules read "Whereas, upon the promulgation of the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 ("Ordinance"), now the Tribunal Reforms Act, 2021("TRA 2021") and upon the recommendation of the Committee constituted to take steps further to the said legislation, the Hon'ble Chief Justice of the Delhi High Court has approved the creation of the Intellectual Property Division ("IPD") in the Delhi High Court to deal with matters relating to Intellectual Property Rights ("IPR") except cases to be dealt with by the Division Bench of the Delhi High Court."

There are a total of 40 Rules and two schedules notified. The Rules include definitions, procedure for appeals, original petitions, writ petitions, suits, recording of evidence, intervention by third parties, summary adjudication, general clauses, guidelines of written submissions and timelines for oral submissions, costs, Appeals from orders of the IPD etc.

The IPD will deal with original proceedings, Writ Petitions (Civil), CMM, RFA, FAO on Intellectual Property Rights disputes, except those required to be dealt with by the Division Bench.

The IPDs have been constituted based on the committee's recommendations constituted by Chief Justice DN Patel and composed of Justice Prathiba M. Singh and Justice Sanjeev Narula.

The committee was constituted to streamline and comprehensively review how a large quantum of IPR cases should be dealt with; they have submitted their report on IPR and non-IPR subjects.

Benches for the IPDs 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.

High Court of Delhi Rules Governing Patent Suits, 2021

The Rules are framed by virtue of powers conferred on the High Court under sec. 7 of the Delhi High Court Act, 1966 read with the provisions of the Patents Act, 1970 and the Tribunal Reforms Act, 2021.

The Rules consist of 17 Rules including definitions, content of pleadings, first hearing of the suit, Filing of affidavits of admission/denial and other briefs, second and third case management hearing, mediation, Panel of Scientific Advisors, final hearing, summary adjudication and general clause.

"The Delhi High Court has already notified the Delhi High Court (Original Side) Rules, 2018, which apply to all original side suits. In addition, the present Rules shall also govern the procedure for adjudication of patent related actions. These Rules are in addition to, and not in derogation of, the provisions of the CPC as amended by the Commercial Courts Act, 2015, as also the Indian Evidence Act, 1872 as may be applicable to patent suits and actions," the Rules states.

Click Here To Read High Court Of Delhi Rules Governing Patent Suits, 2022

Click Here To Read Delhi High Court Intellectual Property Rights Division Rules, 2022