Creation Of Intellectual Property Division in the Delhi High Court

The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 was promulgated by the President of India and was notified on 4th April, 2021. The effect of the Ordinance was that various Boards/Appellate Tribunals, which existed under several statutes, have been abolished. In particular, the Intellectual Property Appellate Board (IPAB) stood abolished affecting the IPR ecosystem in the country.

In order to have streamlined and comprehensive review of the manner in which a large quantum of IPR cases ought to be dealt with, Hon’ble the Chief Justice of High Court of Delhi, Justice D.N. Patel constituted a committee comprising of Hon’ble Ms. Justice Prathiba M. Singh and Hon’ble Mr. Justice Sanjeev Narula. The Committee submitted its report to Hon’ble the Chief Justice both in respect of IPR and non-IPR subject statutes.

Based on the recommendations of aforesaid Committee, Hon’ble the Chief Justice has created the Intellectual Property Division (IPD) in the Delhi High Court to deal with all matters related to Intellectual Property Rights. The IPD so created, besides dealing with original proceedings, would also deal with the Writ Petitions (Civil),  CMM, RFA(Regular First Appeal), FAO(First Appeal from Order) 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.

As per the press release issued by the Delhi High Court, the creation of Intellectual Property Division (IPD) in the High Court of Delhi is a significant step which is in line with global practices in this regard. Such IP Divisions or IP Courts, which exclusively deal with IPR matters, already exist in the UK, Japan, Malaysia, Thailand, China etc. The creation of IPD with comprehensive rules governing IPR matters, is a momentous step taken towards efficient disposal of such matters. It will provide  much needed respite from the lacuna created by the lack of any appeals forum. 

The Delhi High Court is also in the process of framing comprehensive Rules for the IPD. A Committee has already been constituted for framing of the `Delhi High Court Patent Rules’ which shall govern the procedures for adjudication of patent disputes before the Delhi High Court. The first draft of these Rules have already been notified for stakeholders’ comments, which have been received. We at Lall & Sethi had submitted detailed comments on the draft Patent Rules. We will keep you updated on any further developments with regards to the Intellectual Property Division (IPD) in the High Court of Delhi. 

Press Release IPD42

Office Order IPD1