Delhi High Court New Rulings On Fast-Track IPR Issues
Siddharth Verma | Updated: Nov 09, 2021 | Category: IPR
As we have all heard about this quote, “JUSTICE DELAY JUSTICE DENIED” currently, the Pendency of cases in courts and tribunals in India is a matter of concern and loads of cases are pending for speedy and effective adjudication due to the slow and delayed process by the courts. To counter this measure, Delhi High Court came out with some set of rules with respect to summary trials and fast adjudication on commercial disputes. Delhi High court drafted some fresh rulings with respect to fast-track IPR issues. Slow and delayed adjudication has been becoming the bottleneck for the Judiciary in India, and in order to counter this issue Judiciary has come out with some rulings regarding fast-track IPR issues.
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Overview of DHC New Rulings on High-Track IPR Issues
Recently, in the wake of countering the slow and gradual procedure of the courts and tribunals concerning the late and delayed adjudications on commercial disputes, especially about Intellectual property rights. Delhi High court drafted some fresh rulings in respect of summary adjudication on IPR disputes and to fast-track IPR issues. A committee is formed of justice Prathiba M Singh and Sanjeev Narula; they suggested that brief adjudication can be made by the High court’s IPD (Intellectual property Division) without requiring a particular application.
Intellectual Property Division (IPD) has been created by the Delhi high court to deal with all the pending cases related to Intellectual property rights and to fast-track IPR issues after the tribunal reforms (Rationalization and condition of services) Ordinance passed in 2021, which led to the repeal and abolition of various boards and appellate tribunals that existed under different Laws governing Intellectual property rights. Modern & present-day evidence recording procedures, a shared trial, and consolidated adjudication are all included. It has also been recommended in some circumstances. The decision to establish the IPD was based on the committee’s proposal, according to a statement released by the High Court in July. The Delhi High Court was the one who came up with the idea.
The committee which had drafted the Delhi High court intellectual property rights division rules, 2021 for summary adjudication of Matters related to intellectual property rights and to fast rack IPR issues, and the same submitted to the Chief Justice for approval. Furthermore, the draft Delhi High court Intellectual property rights division rules, 2021, further propose maintaining a “panel of experts” and Law researchers to assist courts in IPR cases.
Conclusion
Intellectual property rights are the rights granted to individuals over their creations and inventions works. For a set amount of time, they generally grant to the inventor to exercise their invention. Although, it is observed that nowadays, people are violating the personal and exclusive rights of the real owner. So, to safeguard the rights of the real owner, the central government has made Laws for the protection of these rights. The bunch of cases related to the IPR violation overburdened the courts of India, so to tackle this problem, the High court of Delhi drafted some rules in respect of commencing the summary adjudication and emphasis on fast-track IPR issues. According to the IPAB ( Intellectual Property Appellate Board[1]), around 3,000 people would be moved to the Delhi high court in order to eliminate multiple IPR boards and appellate tribunals.
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