New Delhi, Oct 10 (PTI) Summary adjudication can be resorted to in certain matters pertaining to intellectual property rights before the Delhi High Court, a committee comprising two judges of the high court has proposed.
In a set of draft rules, which were submitted to the Delhi High Court's chief justice on October 8 and have been circulated for comments from the Bar, the committee of justices Prathiba M Singh and Sanjeev Narula has also suggested that summary adjudication can be done by the intellectual property division (IPD) of the high court (HC) without the need of a specific application.
The HC had created the IPD to deal with all matters related to intellectual property rights (IPR) after the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, led to the abolition of various boards and appellate tribunals that existed under different laws governing IPR.
"The committee consisting of Justice Prathiba M Singh and Justice Sanjeev Narula submitted the draft Delhi High Court Intellectual Property Rights Division Rules, 2021, to the Hon'ble Chief Justice. On 8th October, 2021, the rules have been circulated for seeking comments of the Bar," a statement issued by the high court said.
"Summary adjudication can also be resorted to in IPR cases by the IPD without the need of a specific application, on principles akin to Order XIIIA of the Code of Civil Procedure, 1908, as amended by Commercial Courts Act, 2015," it said.
The draft Delhi High Court Intellectual Property Rights Division Rules, 2021, further proposes maintaining a "panel of experts" and law researchers to assist the court in IPR cases.
The inclusion of modern methods for recording of evidence, common trial and consolidated adjudication in certain cases has been also suggested.
In a statement issued in July, HC authorities had informed that the decision to create the IPD was based on the recommendations of the committee which was created by Delhi High Court Chief Justice D N Patel.
It said that 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.
According to information received from the Intellectual Property Appellate Board (IPAB), around 3,000 cases are now to be transferred to the Delhi High Court on account of the abolition of various boards and appellate tribunals for IPR.
The Delhi High Court is already seized of various categories of IPR matters, including suits relating to infringement of trademarks, copyrights, patents, writ petitions, revision petitions arising from IPR suits before the commercial courts, appeals from orders or judgments of the commercial courts concerning IPR suits.
The statement had added that the creation of IPD in the Delhi High Court was a significant step which was in line with global practices in this regard.