The Delhi High Court has started a process to frame the rules for cases relating to intellectual property rights as the Indian Government shuttered the IP appellate tribunal earlier this year as rationalization of organisations.
“The High Court of Delhi is in the process of framing Delhi High Court Intellectual Property Rights Division Rules, 2021. A draft of the proposed ‘Delhi High Court Intellectual Property Rights Division Rules, 2021’ is enclosed… The members of the Bar are requested to send their comments/suggestions if any, within two weeks,” a communiqué from the court recently stated.
The Delhi High Court has created an Intellectual Property Division (IPD) to deal with matters relating to intellectual property rights, except cases to be dealt specifically by the division bench of the court.
The substantive provisions governing IPR matters are contained in The Trade Marks Act, 1999; The Copyright Act, 1957; The Patents Act, 1970; The Designs Act, 2000; The Geographical Indications of Goods (Registration and Protection) Act 1999; The Protection of Plant Varieties and Farmers’ Rights Act, 2001; The Semiconductor Integrated Circuits Layout- Design Act, 2000 as also in common law.
The proposed rules shall be called ‘The Delhi High Court Intellectual Property-Rights Division Rules, 2021’ (DHC- IPD Rules, 2021) and would come into force once notified in the official gazette.
The draft also stated that for the purpose of the rules IPR shall include rights pertaining to patents, copyrights, trademarks, geographical indications, plant varieties, designs, semiconductor integrated circuit layout-designs, traditional knowledge and all rights under common law, if any.