Delhi HC Confirms Draft Rules Governing Patent Suits and IPR Division Rules 2021

On 10^th December 2021 (Friday), the Delhi High Court issued a notice to the public containing the finalised rules of procedure to its IPR Division Rules 2021 & Patent Suits in the exercise of its authority or rights under the Delhi HC Act, 1966, The Code of Civil Procedure, 1908 and various IP statutes. Scroll down to check more information regarding Delhi High Court finalises rules governing Patent Suits and IPR Division Rules 2021.

Draft Rules Governing Patent Suits and IPR Division Rules 2021 – An Overview

• IPR Division Rules 2021:

Earlier this month, the court proposed the rules following to establishment of the Intellectual Property (IP) Division in the Delhi HC to deal with all matters concerning IPR (Intellectual Property Rights). The Intellectual Property Division will deal with actual proceedings, CMM, RFA, Writ Petition (Civil), FAO on the IPR disputes, except those required to be dealt with by the Division Bench.

Intellectual Property Divisions have been constituted based on the committee’s suggestions included by Chief Justice DN Patel & composed of Justice Prathiba M.Singh & Justice Sanjeev Narula. The committee was comprised to streamline & systematically examine how a big quantum of Intellectual Property Right cases should be dealt with, and they have submitted their report on Intellectual Property Rights and non-IPR subjects. Benches for the Intellectual Property Divisions shall be informed by the Chief Justice from time to time & exclusive Intellectual Property Divisions Benches are also to be created for dealing with such instances.

The IPR Division Rules, 2021 includes 14 Rules comprising procedure for appeals, writ petitions, intervention by 3^rd parties, suits, definitions, original petitions, summary adjudication, guidelines of written submissions, general clauses, appeal from orders of the Intellectual Property Division, costs, etc.

• Delhi High Court Rules Governing Patent Suits 2021:

The Rules comprises 17 rules, including 1^st hearing of the case/suit, the content of pleadings, filing of affidavits of admission or denial, definitions, and other briefs, second & 3^rd case management hearing, final hearing, mediation, summary adjudication, and general clause.

“Definitions & procedures not purposely provided in these Rules shall, in general, be governed by the Civil Procedure Code (CVC), 1908 as changed by the Commercial Courts Act, 2015^[1] and the Delhi HC (Original Side) Rules 2018 as also the Delhi HC IPR Division Rules 2021; to the extent, they are not inconsistent with the current rules”, it reads.

Conclusion

The Delhi High Court has given valid importance to the attorney with disabilities by incorporating provisions concerning accessibility & sensible accommodations. These Rules governing Patent Suits and IPR Division Rules 2021 will go a long way towards improving awareness among IP practitioners and providing full & equal participation in the IP process.

Official Notification

• Delhi High Court IPR Division Rules, 2021^[2]
• Delhi High Court Rules Governing Patent Suits, 2021^[3]

Read our Article:A Complete Analysis of Intellectual Property Audit