The DHC-IPD Rules and the Patent Rules announced by the High Court of Delhi in India
Recently, on February 24, 2022, the DHC-IPD Rules and the Patent Rules were announced by the High Court of Delhi in India. The Rules are supposed to bring unity to the proceeding process in India, at the same time increase effectiveness of the procedures.
The DHC-IPD Rules were the Intellectual Property Division Rules, 2022, focusing on streamlining the process for resolving IP disputes in India.
It is also tasked with the swift handling of IP-related matters including appeals, petitions, revocation, and cancellation actions, among others.
As a matter of fact, the IPD was established in the High Court of Delhi following the abolition of the Intellectual Property Appellate Board in 2021 (IPAB). There have been at least 3,000 IP-related cases transferred from the IPAB to the High Court of Delhi after its abolition.
The Patent Rules were the Rules Governing Patent Suits, 2022, focusing on the simplification and strengthening of the procedures for adjudication of patent infringement cases to make them more effective.
The High Court of Delhi Rules Governing Patent Suits, 2022 segregates the proceedings of the suit into three management hearings followed by a final hearing.
According to the Rules, various terms such as claim construction brief, invalidity brief, infringement brief, non-infringement brief, and damages brief were introduced.
There are also many requirements provided for the content of pleadings and the list of documents that should be filed with the pleading.
With the Patent Rules, now it is a requirement for the Delhi High Court to have a basic understanding of the science and technology components in the patent(s) before the first case management hearing.
With the complex cases, Delhi High Court is also required to form a panel of science and technology experts to assist the judges when giving decisions on the matter.
Expert opinions
Charul Yadav, a partner at Obhan & Associates in New Delhi stated about the new changes in the Delhi High Court and the overall advancement of the law in this country: “Due to the scientific or technical nature of patent matters, it is important that the court is made well-versed with the technology involved.”
Yadav also expressed her great enthusiasm for the requirements of technical assistance in the courtroom: “The patent-related matters by nature are very technical and complex. Due to their technical and intricate nature, such matters can sometimes be very challenging for the courts. Therefore, accurate and timely adjudication of patent cases requires highly experienced judges supported by technical experts. The introduction of the High Court of Delhi Rules Governing Patent Suits, 2021 to govern all patent suits and actions before the Intellectual Property Division (IPD) is a great step in addressing the complexities associated with these matters.”
According to Yadav, as India has seen a huge surge in IP filings and IP conflicts, it’s great for India to supplement the necessary procedures to improve the current status of the Court’s handling process, which is usually slow and time-consuming: “The technology is time-sensitive and the economic value of the patented technology is eroded over time. The creation of the IPD and special rules governing the patent suits is expected to result in the quick and effective resolution of cases. The creation of a special IP bench at the Delhi High Court and streamlining of the procedure for adjudication of patent disputes are also in line with global practice. It will increase the judicial exposure and competence of the patent law. All of this is expected to improve the quality and consistency of patent case law in India.”
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