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Sections
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Rule - 1. Short title and commencement :-
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Rule - 2. Definitions :-
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Rule - 3. Applicability :-
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Rule - 4. Jurisdiction :-
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Rule - 5. Filing and Nomenclature to be adopted for filing :-
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Rule - 6. Procedure for Appeals :-
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Rule - 7. Procedure for Original Petitions (Civil Original Petition) :-
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Rule - 8. Procedure for Writ Petitions (Civil) :-
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Rule - 9. Procedure for Civil Miscellaneous Main Petition :-
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Rule - 10. Procedure for Regular First Appeal (RFA) :-
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Rule - 11. Procedure for First Appeal from Order (FAO) :-
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Rule - 12. Procedure for Civil Revision Petition (CRP) :-
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Rule - 13. Additional Provisions for CM (Mains), RFAs, FAOs, and CRPs :-
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Rule - 14. Procedure for Suits :-
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Rule - 15. Recording of Evidence :-
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Rule - 16. Hot-tubbing or other modes of recording evidence :-
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Rule - 17. Discovery and Disclosure :-
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Rule - 18. Preservation of Evidence by parties :-
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Rule - 19. Confidentiality clubs and redaction of confidential information :-
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Rule - 20. Damages/Account of profits :-
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Rule - 21. Pleadings to be accompanied by affidavit of authorized representative and relevant documents :-
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Rule - 22. Advance Copy :-
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Rule - 23. Nomination of Counsel by the IPO :-
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Rule - 24. Process Fee :-
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Rule - 25. Intervention by third parties :-
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Rule - 26. Consolidation of IPR subject matters or cases or proceedings or disputes :-
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Rule - 27. Summary Adjudication :-
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Rule - 28. Application of Statutes :-
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Rule - 29. General Clause :-
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Rule - 30. Power to remove difficulties :-
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Rule - 31. Panel of Experts :-
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Rule - 32. Law Researcher(s) :-
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Rule - 33. Strict guidelines for written submissions and timelines for oral submissions :-
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Rule - 34. Patents/Trade Mark Agents :-
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Rule - 35. Costs :-
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Rule - 36. Accessibility and Reasonable Accommodations :-
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Rule - 37. Mediation and Early Neutral Evaluation (ENE) :-
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Rule - 38. Appeals from orders of the IPD :-
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Rule - 39. Condonation of delay :-
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Rule - 40. Cases transferred from the IPAB :-
Delhi High Court Intellectual
Property Rights Division Rules, 2022
[24 February 2022]
Preamble
Whereas, upon the promulgation of the Tribunals Reforms (Rationalisation and
Conditions of Service) Ordinance, 2021 ("Ordinance"), now the
Tribunal Reforms Act, 2021("TRA 2021") and upon the recommendation of
the Committee constituted to take steps further to the said legislation, the
Hon'ble Chief Justice of the Delhi High Court has approved the creation of the
Intellectual Property Division ("IPD") in the Delhi High Court to
deal with matters relating to Intellectual Property Rights ("IPR")
except cases to be dealt with by the Division Bench of the Delhi High Court.
Whereas, the Delhi High Court office order No. 667/Original
Side/DHC dated 7th July, 2021 records the decision of the Hon'ble Chief Justice
to create the IPD.
In exercise of the powers conferred by Section 7 of the
Delhi High Court Act, 1966, Section 129 of the Code of Civil Procedure, 1908,
powers conferred under the various Intellectual Property statutes as amended by
the TRA 2021, the Delhi High Court hereby makes the following Rules for the
matters listed before it's IPD with respect to practice and procedure for the
exercise of its original and appellate jurisdiction, and for other miscellaneous
petitions arising out of IPR and related statutes.
The substantive provisions governing Intellectual Property
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; Information Technology Act, 2000 as also in common
law.
Rule - 1. Short title and commencement :-
(i)
These
Rules shall be called The Delhi High Court Intellectual Property Rights
Division Rules, 2022(DHC- IPD Rules, 2022);
(ii)
The
Rules shall come into force on such date as the Chief Justice of the Delhi High
Court may notify in the Official Gazette.
Rule - 2. Definitions :-
In these Rules, unless the context otherwise requires
(a)
"Act"
(s)means the statutes mentioned below, as applicable:
(i)
The
Copyright Act, 1957;
(ii)
The
Designs Act, 2000;
(iii)
The
Geographical Indications of Goods (Registration and Protection) Act, 1999;
(iv)
The
Information Technology Act, 2000;
(v)
The
Patents Act, 1970;
(vi)
The
Protection of Plant Varieties and Farmers Rights Act, 2001;
(vii)
The
Semiconductor Integrated Circuits Layout-Design Act 2000;
(viii)
The
Trade Marks Act, 1999;
(b)
"Address
for service" means the address furnished by an applicant, appellant,
complainant, petitioner, respondent including the currently authorized trade
mark agent, patent agent or other agent before the IPO as also the legal
practitioner, at which service of summons, notices or other processes may be
effected;
(c)
"Agent"
includes a trade mark or patent agent as defined under Section 145, Trade Marks
Act, 1999 and Section 125,The Patents Act, 1970 duly authorized by the party
concerned and who is entitled to appear before the IPD along with a legal
practitioner in order to assist the IPD;
(d)
"Appeal"
includes an appeal filed before, or transferred to, the IPD under the following
sections of the respective Acts with the following nomenclature:
(i)
Under
Section 91 of The Trade Marks Act, 1999[C.A. (Comm. IPD-TM)];
(ii)
Under
Section 72 of The Copyright Act, 1957 [C.A. (Comm. IPD-CR)];
(iii)
Under
Section 117A of The Patents Act, 1970[C.A.(Comm. IPD-PAT)];
(iv)
Under
Section 31of The Geographical Indications of Goods (Registration and
Protection) Act, 1999 [C.A.(Comm. IPD-GI)];
(v)
Under
Section 56 of The Protection of Plant Varieties and Farmers Rights Act,
2001[C.A. (Comm. IPD-PV)];
(vi)
Under
Section 42 of the Semiconductor Integrated Circuits Layout-Design Act, 2000
[C.A. (Comm. IPD-SCD)];
(vii)
Under
Sections 36 of the Designs Act, 2000 [C.A. (Comm. IPD-DE)];
(viii)
Under
Section 62 of the Information Technology Act, 2000 [C.A. (Comm. IPD-IT)]
(e)
"Appellant"
means a person before the IPD in appeal as defined in Rule 2(d) and other
appeals such as RFA and FAO;
(f)
"Evidence"
shall be evidence filed before the IPD including affidavits in evidence filed
by the parties and experts along with documents and oral evidence, if recorded;
(g)
"Fee"
shall mean the fees prescribed in the Schedule II to these Rules;
(h)
"Form"
shall mean the form(s) prescribed in the Schedule I to these Rules;
(i)
"Intellectual
Property Rights (IPR) subject matter" for the purpose of these Rules,
shall include:
(i)
Matters
pertaining to Patents, Copyrights, Trade Marks, Geographical Indications, Plant
Varieties, Designs, Semiconductor integrated circuit layout-designs,
Traditional Knowledge and all rights under common law, if any, associated
therewith;
(ii)
Matters
relating to passing off, acts of unfair competition, disparagement, comparative
advertising etc.;
(iii)
Protection
of trade secrets, confidential information and related subject matters;
(iv)
Tortious
actions related to privacy and publicity rights involving intellectual property
issues;
(v)
Matters
pertaining data exclusivity, domain names and other matters relating to data
protection involving intellectual property issues, as also those arising under
the Act(s) as defined in Rule 2(a);
(vi)
Matters
involving internet violations relating to any of the subject matters under
clauses (i) through (v) above.
Explanation:
(i)
for
the purpose of these Rules, cases pertaining to the Information Technology Act,
2000 dealing with the rights and liabilities of intermediaries, online market
places, and e-commerce platforms involving issues relating to any of the
aforementioned subject matters, shall be deemed to be within the purview of
intellectual property rights;
(ii)
intermediaries,
online market places, and e-commerce platforms shall be interpreted in terms of
the definition contained in Section 2(w) of the Information Technology Act,
2000.
(j)
"Intellectual
Property Rights Division (IPD)"refers to the division in the Delhi High
Court presided over by Single Judges to deal with disputes and cases concerning
IPR subject matter;
(k)
"Intellectual
Property Office (IPO)" shall mean -
(i)
in
case of Trade Marks - Office of Registrar of Trade Marks;
(ii)
in
case of Copyrights - Office of Registrar of Copyrights;
(iii)
in
case of Patents- Office of Controller General of Patents, Designs and Trade
Marks;
(iv)
in
case of Geographical Indications-Office of Registrar of Geographical
Indications;
(v)
in
case of Plant Varieties - Protection of Plant Varieties and Farmers Rights
Authority or the Plant Varieties Registry, as applicable;
(vi)
in
case of Semiconductor Integrated Circuits Layout-Designs - Office of the
Registrar of the Semiconductor Integrated Circuits Layout-Design;
(vii)
in
case of Designs - Office of Controller General of Patents, Designs and Trade
Marks.
(l)
("IPR
subject matters or cases or proceedings or disputes" shall include all
original proceedings, appellate and other proceedings related to IPR subject
matter(s)as defined in Rule 2(i) above filed before the IPD and shall also
include:
(i)
Revocation
applications, cancellation applications, other original proceedings, appeals
and petitions from the various IPOs and all other proceedings which were
hitherto maintainable before the Intellectual Property Appellate Board
("IPAB") under provisions of the Act(s);
(ii)
All
suits filed in which IPR subject matter is involved, either under the
respective statutes or under common law including suits relating to breach of
privacy and rights of publicity;
(iii)
Writ
Petitions (Civil)[WP(C)],Civil Misc. (Mains)[CM(Main)],Regular First
Appeal[RFA], First Appeal from Order[FAO], Civil Revision Petition[CRP] arising
out of IPR subject matter(s) and disputes dealt with by the Commercial Courts
in Delhi, except matters that are to be dealt with by a Division Bench;
(iv)
All
pending proceedings before the IPAB relating to Delhi jurisdiction transferred
to the Delhi High Court.
(m)
"legal
practitioner" shall have the same meaning as is assigned to it in the
Advocates Act, 1961;
(n)
"Patent
Suit Rules, 2022" shall mean the High Court of Delhi Rules Governing
Patent Suits, 2022;
(o)
"Petition"
includes a Civil Original Petition, Writ Petition (Civil),Civil Misc. (Main),
Civil Revision Petition, and Appeals:
(i)
A
Civil Original Petition means a petition under any of the Act(s)filed before
the IPD as an original proceeding;
(ii)
Writ
Petition (Civil) means a petition/application under Article 226 of the
Constitution of India inter alia for issuance of a writ in the nature of
mandamus, certiorari, prohibition, and quo warranto;
(iii)
Civil
Miscellaneous(Main) means a petition under Article 227 of the Constitution of
India;
(iv)
Civil
Revision Petition means a Petition under Section 115 of the Code of Civil
Procedure, 1908; and
(v)
Appeals
as defined in Rule 2(d) and other appeals such as RFA and FAO filed before the
IPD as an appellate proceeding;
(p)
"Pleadings"
shall include plaints, written statements, replications, applications, appeals,
complaints, counter affidavits, counterstatements, petitions, reviews, replies,
rejoinders, rejoinder affidavit filed before the IPD.
Rule - 3. Applicability :-
These Rules shall govern and apply to all IPR subject
matter(s) or cases or proceedings or disputes before the IPD of the Delhi High
Court.
Rule - 4. Jurisdiction :-
Every IPR subject matter or case or proceeding or dispute
filed before, or transferred to, the IPD, as defined in Rules 2(i), 2(j) and
2(l), shall be heard and adjudicated by a Single Judge of the IPD except those
that are to be decided by a Division Bench as per Section 13 of the Commercial
Courts Act, 2015.
Rule - 5. Filing and Nomenclature to be adopted for filing :-
The filing of IPR subject matter(s) or cases or proceedings
or disputes before the IPD shall be under the following categories with the
nomenclature given below:
(i)
Appeals
Nomenclature:
(a)
Civil
Appeal (Comm. IPD-TM) under Trade Marks Act, 1999;
(b)
Civil
Appeal (Comm. IPD-CR) under Copyright Act, 1957;
(c)
Civil
Appeal(Comm. IPD-PAT) under Patents Act, 1970;
(d)
Civil
Appeal (Comm. IPD-GI) under Geographical Indications of Goods (registration and
Protection) Act, 1999;
(e)
Civil
Appeal (Comm. IPD-PV) under Protection of Plant Varieties and Farmers Right
Act, 2001;
(f)
Civil
Appeal (Comm. IPD-SCD) under The Semiconductor Integrated Circuits
Layout-Design Act, 2000;
(g)
Civil
Appeal (Comm. IPD-DE) under Designs Act, 2000;
(h)
Civil
Appeal (Comm. IPD-IT) under Information Technology Act, 2000;
(ii)
Civil
Original Petitions
Nomenclature:
(a)
Civil
Original (Comm. IPD-TM)under Trade Marks Act, 1999;
(b)
Civil
Original(Comm. IPD-CR)under Copyright Act, 1957;
(c)
Civil
Original(Comm.IPD-PAT)under Patents Act, 1970;
(d)
Civil
Original (Comm. IPD-GI)under Geographical Indications of Goods (registration
and Protection) Act, 1999;
(e)
Civil
Original(Comm. IPD-PV)under Protection of Plant Varieties and Farmers Right
Act, 2001;
(f)
Civil
Original(Comm. IPD-SCD)under The Semiconductor Integrated Circuits
Layout-Design Act, 2000;
(g)
Civil
Original(Comm. IPD-IT)under Section 46 of the Information Technology Act, 2000,
where the claim exceeds INR 5 crores;
(iii)
Writ
Petitions (Civil)
Nomenclature:Writ Petition (C)-IPD
(iv)
Civil
Miscellaneous Main
Nomenclature: Civil Misc. (Main)-IPD
(v)
Regular
First Appeal (RFA)
Nomenclature:RFA-IPD
(vi)
First
Appeal from Order (FAO)
Nomenclature:FAO-IPD
(vii)
Execution
First Appeal (EFA)
Nomenclature:EFA-IPD
(viii)
Civil
Revision Petition (CRP)
Nomenclature: CRP-IPD
Rule - 6. Procedure for Appeals :-
(i)
Appeals
under Rule 2(d) of the present rules before the IPD shall be filed in the
formats/forms prescribed in Schedule I, within the period of limitation as
prescribed in the respective Act(s) along with the requisite Court fees as
prescribed in Schedule II.
(ii)
Appeals
shall consist of the memorandum of parties, synopsis, list of dates, a brief
memorandum of appeal, grounds of challenge in the appeal, the order impugned
and affidavit of Appellant filing the Appeal along with other details as
required in the Form applicable. The Appellant shall disclose the details of
any prior litigation pending between the parties with respect to the subject
matter in dispute.
(iii)
All
relevant forms, correspondence and other relevant documents forming part of the
record of the IPO shall ordinarily accompany the appeal.
(iv)
Documents
that are not part of the record of the IPO shall generally not be accepted by
the IPD except with the leave of the Court.
(v)
Memorandum
of appeal shall specify as to whether the documents being filed are part of the
record of the IPO and if any additional documents are being filed, the details
and relevance thereof shall be specified. Such documents shall be accompanied
with an application seeking leave of the Court, in which case principles akin
to Order XLI Rule 27 of the Code of Civil Procedure, 1908 would apply.
(vi)
No
evidence shall be recorded in Appeals unless the Court deems it necessary.
However, the IPD may direct the appearance of any witness, who has deposed
before the IPO for the purpose of seeking any clarification.
(vii)
In
all Appeals, all the contesting parties before the IPO shall be impleaded as
Respondents. The respective IPO shall also be impleaded as a Respondent.
(viii)
Filing
of a reply, in an appeal, would be only upon specific directions of the Court,
if the need arises. The opposite party shall, however, during the course of
hearing or otherwise, be entitled to produce copies of any relevant record
intended to be relied upon.
(ix)
Reply,
if so directed, shall be filed within the period prescribed by the Court or
within 60 days from the date on which the Court directs the filing of such
Reply.
(x)
Rejoinder
to the reply, if so directed, shall be filed within the period prescribed by
the Court or within 30 days from the date on which the Court directs the filing
of such Rejoinder.
(xi)
Filing
of any further affidavits or pleadings shall be strictly with the leave of the
Court.
(xii)
Procedures
applicable to Civil Appeals filed before the Single Judge: The Delhi High Court
Rules and Orders, as also the practice directions, issued from time to time, to
the extent there is no inconsistency with these Rules, shall be applicable to
appeals filed before the IPD.
Rule - 7. Procedure for Original Petitions (Civil Original Petition) :-
(i)
Original
petition shall consist of memorandum of parties, synopsis, list of dates and
all other details specified in the respective forms and shall be accompanied by
the affidavit of the Petitioner/party filing the petition.
(ii)
The
parties shall also file all other relevant documents in support of the relief
sought in the original petition. If interim orders are sought by the
Petitioner, an application under Order XXXIX Rule 1 and Rule 2, Code of Civil
Procedure, 1908 shall be filed setting out the grounds for such interim order.
(iii)
Averments
shall be made in the original petition specifying as to which of the documents
filed form part of the record of the IPO.
(iv)
Original
petitions filed before the IPD under the respective statutes shall be filed in
the formats/forms prescribed in Schedule I of the present Rules [within the
period of limitation, if any, as prescribed in the respective Act(s)] along
with the requisite Court fees prescribed in Schedule II.
(v)
Original
petitions shall be accompanied with all the relevant records from the
respective IPO including the relevant correspondence.
(vi)
In
case of an original petition relating to patents, the complete specification of
the patent along with different versions/claims, if relevant, as also the
relevant forms filed before the IPO, shall also be filed.
(vii)
Documents
shall be read as part of the record, unless challenged by any party. Such
challenge shall be raised at the very first instance i.e. in the Reply or
Rejoinder along with an affidavit of admission/denial. The admission/denial of
the said document(s) shall be conducted as per the Delhi High Court (Original
Side) Rules, 2018. Denial of documents which is evasive or without just reason
or cause, would be liable to be penalized with costs.
(viii)
Framing
of issues shall not be compulsory in the original petitions. In
revocation/cancellation petitions, the Court may frame issues if deemed
necessary. Upon completion of pleadings, the Court may proceed to hear the
petition finally.
(ix)
Filing
of evidence may be directed by the Court, only if the same is deemed necessary.
The evidence shall usually be in the form of affidavits. Oral evidence
including cross-examination may be directed for reasons to be recorded in the
order of the Court. If oral evidence is directed, the procedure for recording
of evidence and other related procedures shall be governed by these Rules as
well as the Delhi High Court (Original Side) Rules, 2018. In
revocation/cancellation petitions, upon framing of issues, the court may direct
filing of evidence by way of affidavit.
(x)
Reply,
if so directed, shall be filed within the period prescribed by the Court or
shall be filed within 60 days from the date on which the Court directs the
filing of such Reply.
(xi)
Rejoinder
to the reply, if so directed, shall be filed within the period prescribed by
the Court or within 30 days from the date on which the Court directs the filing
of such Rejoinder.
(xii)
Filing
of any further affidavits or pleadings shall be strictly with the leave of the
Court.
(xiii)
In
case of petitions seeking revocation/cancellation, the Court may direct
consolidation of the said petition with a suit for infringement involving the
same IPR subject matter.
(xiv) Procedures applicable to original
petitions: The provisions of the Commercial Courts Act, 2015, Delhi High Court
(Original Side) Rules, 2018 and orders as also the practice directions issued from
time to time, to the extent there is no inconsistency with these Rules, shall
be applicable to original petitions filed in the IPD.
Rule - 8. Procedure for Writ Petitions (Civil) :-
(i)
Writ
Petitions filed before the IPD, challenging any orders passed by the
IPO/authority, shall consist of a synopsis and list of dates and events, memo
of parties, memorandum of the writ petition including grounds of challenge,
prayer/relief sought, affidavit in support. The Petitioner shall also state
both in the application and in the affidavit whether any other remedy was
availed of in respect of the same impugned order and if so, provide details
thereof including any order passed therein.
(ii)
The
impugned order, where applicable, shall be annexed with the writ petition.
(iii)
Procedures
applicable to Writ Petitions (Civil): The Delhi High Court Rules and orders, as
also the practice directions issued from time to time, to the extent there is
no inconsistency with these Rules, shall be applicable to writ petitions filed
before the IPD.
Rule - 9. Procedure for Civil Miscellaneous Main Petition :-
(i)
The
Civil Miscellaneous Main Petitions challenging orders passed by the Commercial
Courts or other district courts/civil courts, relating to IPR disputes shall be
filed and listed before the IPD. The formats for the said petitions will be
governed by The Delhi High Court Rules and Orders.
(ii)
The
Civil Miscellaneous Main Petition shall consist of the memo of parties,
synopsis and list of dates and events, memorandum of the civil miscellaneous
main petition, the grounds challenging the order, prayer/the relief sought,
affidavit and the impugned order.
(iii)
The
petitioner shall file the relevant pleadings of the original proceedings,
relevant order sheets, issues, if framed, in the case, pleadings in the
relevant interim applications and documents which the petitioner intends to
rely upon.
Provided that every endeavor shall be made to place on
record pleadings/documents (other than case law) referred to in the impugned
order.
(iv)
Filing
of a reply would be only upon specific directions of the Court, if the need
arises. The opposite party shall, however, during the course of hearing or
otherwise, be entitled to produce copies of any relevant record intended to be
relied upon.
Rule - 10. Procedure for Regular First Appeal (RFA) :-
(i)
Regular
First Appeals shall be governed by The Delhi High Court Rules and
Orders/practice directions, and pleadings shall be filed as per the
Forms/formats prescribed therein.
(ii)
Appeals
shall consist of the memo of parties, synopsis, list of dates and events,
memorandum of regular first appeal, grounds of challenge to the judgment/decree
appealed from/challenge in the appeal, prayer/relief prayed for. Certified copy
of the judgment/decree impugned shall be filed within the period of limitation
along with affidavit.
(iii)
The
entire record forming part of the original proceeding shall be filed with the
RFA, to the extent possible.
Provided that every endeavor shall be made to place on
record pleadings/documents (other than case law) referred to in the impugned
order.
(iv)
Filing
of a reply would be only upon specific directions of the Court, if the need
arises. The opposite party shall, however, during the course of hearing or
otherwise, be entitled to produce copies of any relevant record intended to be
relied upon.
Rule - 11. Procedure for First Appeal from Order (FAO) :-
(i)
The
First Appeal from Order shall be governed by The Delhi High Court Rules and
Orders, and pleadings shall be filed as per the Forms/formats prescribed
therein.
(ii)
Appeals
shall consist of the memo of parties, synopsis, list of dates and events,
memorandum of first appeal from order, grounds of challenge to the order
appealed from/grounds of challenge in the appeal, prayer/relief sought, order
impugned and affidavit.
(iii)
The
appellant shall file the relevant pleadings of the original proceedings,
relevant order sheets, issues, if framed, in the case, pleadings in the
relevant interim applications and documents which the petitioner intends to
rely upon.
Provided that every endeavor shall be made to place on
record pleadings/documents (other than case law) referred to in the impugned
order.
(iv)
Filing
of a reply would be only upon specific directions of the Court, if the need
arises. The opposite party shall, however, during the course of hearing or
otherwise, be entitled to produce copies of any relevant record intended to be
relied upon.
Rule - 12. Procedure for Civil Revision Petition (CRP) :-
(i)
Civil
Revision Petitions shall be governed by The Delhi High Court Rules and Orders/Practice
directions. Pleadings therein shall be filed as per the Forms / formats
prescribed therein.
(ii)
Revision
Petitions shall consist of the memo of parties, synopsis, list of dates and
events, memorandum of revision petition, grounds of challenge to the impugned
order, prayer/relief sought, order impugned and affidavit.
(iii)
The
petitioner shall file the relevant pleadings of the original proceedings,
relevant order sheets, issues if framed in the case, pleadings in the relevant
interim applications and documents which the petitioner intends to rely upon.
Provided that every endeavor shall be made to place on
record pleadings/documents (other than case law) referred to in the impugned
order.
(iv)
Filing
of a reply would be only upon specific directions of the Court, if the need
arises. The opposite party shall, however, during the course of hearing or
otherwise, be entitled to produce copies of any relevant record intended to be
relied upon.
Rule - 13. Additional Provisions for CM (Mains), RFAs, FAOs, and CRPs :-
(i)
It
shall be sufficient if copies of the documents mentioned in Rule 9, Rule 10,
Rule 11 and Rule 12 above are filed with self-certification of the counsel for
the petitioner/appellant to the effect that each such document is the true copy
of its respective original in the file of the Trial Court.
(ii)
Ordinarily,
the Court may decide these Petitions and Appeals on the basis of the grounds
raised in the petition/memorandum of appeal and the record filed with the same.
Rule - 14. Procedure for Suits :-
(i)
Suits
before the IPD shall be governed by the provisions of The Commercial Courts
Act, 2015, Code of Civil Procedure, 1908 as applicable to commercial suits and
the Delhi High Court (Original Side) Rules, 2018.
(ii)
In
addition to these Rules, Patent suits and actions shall be governed by the
Patent Suit Rules, 2022.
Rule - 15. Recording of Evidence :-
If, in the opinion of the Court, it is expedient to do so,
the Court may direct:
(i)
The
recording of evidence through video conference as per the High Court of Delhi Rules
for Video Conferencing for Courts 2021;
(ii)
The
recording of evidence at any venue outside the premises of the Court;
(iii)
The
recording of evidence by a Local Commissioner;
(iv)
The
use of videography and transcription technology or any other form of recording
evidence.
Rule - 16. Hot-tubbing or other modes of recording evidence :-
In the case of evidence by experts, the same may be recorded
by resorting to procedures such as Hot-tubbing, as provided for in Rule 6,
Chapter XI, Delhi High Court (Original Side) Rules, 2018, or other such modes,
as the Court deems fit.
Rule - 17. Discovery and Disclosure :-
(i)
The
procedure relating to the disclosure and discovery of documents (including by
way of interrogatories) shall be governed by the Code of Civil Procedure, 1908
as amended by the Commercial Courts Act, 2015;
(ii)
Parties
withholding discovery, or attempting to scuttle the process of discovery, would
be liable to be penalized with costs as determined by the Court.
Rule - 18. Preservation of Evidence by parties :-
(i)
Upon
initiating, or receiving notice about the institution of, proceedings before
the IPD, the parties to the proceedings shall preserve all documentary,
tangible and electronic material relating to the subject matter of the
proceedings which is capable of being relied upon as evidence;
(ii)
Prior
to the initiation of proceedings, a party may issue a Litigation Hold Notice
(LHN) to such other party(ies) against whom proceedings are sought to be
initiated. The recipient of such LHN shall, upon being duly served, be bound to
preserve all documentary, tangible and electronic material relating to the
subject matter of the proceedings which is capable of being relied upon as
evidence Provided that, the party issuing the LHN is expected to commence
litigation within a reasonable time, not exceeding one year from the date of
the LHN, beyond which such obligation to preserve evidence would cease to
apply.
(iii)
Such
material shall be preserved from the date on which the obligation to preserve
such material arose under clause (i) or (ii) above, and in a manner so as to
ensure that the same is not editable or cannot be tampered with;
(iv)
Such
material shall be preserved for the duration of the litigation, including
appellate proceedings, if any. In the event no appeal has been filed, the
parties shall be at liberty to freely deal with such material only upon the
completion of six (6) months from the date of closure of the original
proceedings;
(v)
In
addition to remedies under civil and criminal law, failure to comply with this
Rule would be liable to be penalized with costs as determined by the Court.
Explanation:
For the purpose of Rule 18, documentary, tangible and
electronic material to be preserved shall include documents in tangible or
electronic form including letters, memos, internal and external correspondence,
graphic representations of any kind, images, sounds, and data stored in any
medium relating to the subject matter of the proceedings.
Rule - 19. Confidentiality clubs and redaction of confidential information :-
(i)
At
any stage in a proceeding, the Court may constitute a confidentiality club or
adopt such measures as appropriate, consisting of lawyers (external &
in-house), experts as also nominated representatives of the parties, for the
preservation and exchange of confidential information filed before the Court
including documents, as per the Delhi High Court (Original Side) Rules, 2018.
(ii)
Such
nominated representatives of the parties, appointed to the Club, may inter
alia, be persons who are not in charge of, or active in, the day-to-day
business operations and management of the respective parties so as to maintain
the integrity of the information so disclosed.
(iii)
The
members so constituting the Club shall be bound to desist from disclosing,
sharing or utilizing, including to third parties, the confidential or sensitive
information that they may access, or become privy to, in the course of
proceedings;
(iv)
The
Court may, upon a request made by way of an application, direct the redaction
of such information (including documents) it deems to be confidential;
(v)
If
any redacted pleading/document is sought to be filed as being confidential, a
non-redacted version of the same may be filed in a sealed cover along with an
application supporting such claim for redaction.
Rule - 20. Damages/Account of profits :-
A party seeking damages/account of profits, shall give a
reasonable estimate of the amounts claimed and the foundational facts/account
statements in respect thereof along with any evidence, documentary and/or oral
led by the parties to support such a claim. In addition, the Court shall
consider the following factors while determining the quantum of damages:
(i)
Lost
profits suffered by the injured party;
(ii)
Profits
earned by the infringing party;
(iii)
Quantum
of income which the injured party may have earned through royalties/license
fees, had the use of the subject IPR been duly authorized;
(iv)
The
duration of the infringement;
(v)
Degree
of intention/neglect underlying the infringement;
(vi)
Conduct
of the infringing party to mitigate the damages being incurred by the injured
party;
In the computation of damages, the Court may take the
assistance of an expert as provided for under Rule 31 of these Rules.
Rule - 21. Pleadings to be accompanied by affidavit of authorized representative and relevant documents :-
All pleadings shall be accompanied by the affidavit of the
authorized representative/parties concerned and documents establishing the
authorization such as Board Resolution and Power of Attorney.
Rule - 22. Advance Copy :-
In all matters filed before the IPD, advance copy shall be
served at the address for service, as also through email, at least two working
days in advance, upon the Respondents including the counsels/agents, who may
have represented the Respondents before the IPO, or trial court, or authority,
as the case may be. Along with the advance copy so provided, the likely date of
listing shall be intimated. Upon advance copy being served,
parties/counsels/agents/authority shall be represented on the first date of
hearing before the Court. For the sake of expeditious disposal, if in the
opinion of the Court no further notice is required, and if satisfactory proof
of service is furnished, no further notice would ordinarily be issued and the
matter may be heard and disposed of on the first day of listing.
Provided that, in the facts and circumstances of a given
case, and on an application, the Court may dispense with advance service.
Rule - 23. Nomination of Counsel by the IPO :-
The respective IPOs may nominate their counsel in order to
appear before the IPD as also for production of records, if called for.
Rule - 24. Process Fee :-
There shall be a one-time process fee as prescribed in The
Delhi High Court (Original Side) Rules, 2018 with necessary modifications to
include Appellant and Petitioner as Plaintiff and Respondent as the Defendant.
Rule - 25. Intervention by third parties :-
In the matters listed before the IPD, intervention by the
third parties may be permitted suo moto or on an application by any person
unless prohibited by law. Such person shall seek to intervene by means of an
application stating the nature of interest before the Court. The Court may
refuse or grant leave after hearing all concerned parties, if so required, and
on such terms and conditions as it deems fit.
Rule - 26. Consolidation of IPR subject matters or cases or proceedings or disputes :-
Where there are multiple proceedings relating to the same or
related IPR subject matter, irrespective of whether the said proceedings are
between the same parties or not, the Court shall have the power and the
discretion, wherever appropriate, to direct consolidation of proceedings,
hearings, and also to direct consolidated recording of evidence/common trial
and consolidated adjudication. If the Court is of the opinion that any matter
pending before a Commercial Court is to be consolidated with a matter pending
before the IPD, it may exercise powers of transfer under Section 24, Code of
Civil Procedure, 1908 for transfer and consolidation of such matter to itself.
Rule - 27. Summary Adjudication :-
In cases before the IPD, the Court may pass summary
judgment, without the requirement of filing a specific application seeking
summary judgment on principles akin to those contained in Order XIIIA, Code of
Civil Procedure, 1908 as applicable to commercial suits under the Commercial
Courts Act, 2015.
Rule - 28. Application of Statutes :-
The IPD, as may be applicable to the cases listed before it,
apply the provisions of:
(i)
The
Commercial Courts Act, 2015 for suits and counter claims in matters relating to
IPR subject matter(s); and
(ii)
Patent
Suit Rules, 2022 for Patent related disputes and actions.
Rule - 29. General Clause :-
Procedures not specifically provided for in these Rules shall, in general,
wherever applicable, be governed by The Civil Procedure Code, 1908,as
applicable to commercial disputes, The Commercial Courts Act, 2015, Indian
Evidence Act, 1872 and the Delhi High Court (Original Side) Rules, 2018.
Rule - 30. Power to remove difficulties :-
If any difficulty arises in giving effect to the provisions of these Rules, the
Court may, by order, make such provision not inconsistent with these Rules as
may appear to be necessary or expedient for removing such difficulty.
Rule - 31. Panel of Experts :-
The Court may, in any IPR subject matter, seek assistance of expert(s)
(including individuals and institutions) relating to the subject matter of the
dispute as may be necessary. The opinion of the expert shall be persuasive in
nature and shall not be binding on the Court. The IPD may maintain a panel of
experts to assist the Court and which panel may be reviewed from time to time.
The remuneration of the expert(s) shall be decided by the IPD. Prior to
appointment, a declaration will be provided by the expert that he or she has no
conflict of interest with the subject matter of the dispute and will assist the
Court fairly and impartially.
Provided that the protocol to be followed by such expert(s)
shall be prescribed by the IPD, from time to time.
Rule - 32. Law Researcher(s) :-
(i)
Judges
of the IPD shall have the assistance of additional Law Researchers who shall
possess technical qualifications. Such Law Researcher(s) shall be part of a
common pool of Law Researchers for the IPD. The number of law researchers would
be at least two in number for each Bench of the IPD. The said Law Researchers
would be attached to the IPD and not with the individual Judge concerned;
(ii)
Such
Law Researcher(s) may possess a degree in any technical field or specialization
in any IPR subject matter or have experience in the field of intellectual
property;
(iii)
The
appointment of such Law Researcher(s) shall be by a Committee designated by the
Chief Justice;
(iv)
Law
Researcher(s) shall be appointed on the same terms as applicable to other Law
Researchers appointed in the Delhi High Court. The remuneration of such Law
Researcher(s) shall usually be the prevailing remuneration for law researchers
of the Delhi High Court. However, in exceptional cases, higher remuneration may
also be approved by the Chief Justice;
(v)
Law
Researcher(s) with such qualifications may also be appointed to assist Division
Benches dealing with cases involving IPR subject matter(s);
(vi)
Such
Law Researcher(s) shall be in addition to the law researchers appointed for
assistance of Judges under the Delhi High Court Rules;
(vii)
Prior
to appointment, a declaration shall be provided by the Law Researcher(s) that
he or she has no conflict of interest with the subject matter of the dispute
and will assist the court fairly and impartially.
Rule - 33. Strict guidelines for written submissions and timelines for oral submissions :-
The Court may direct the filing of written submissions in advance, prior to the
date fixed for oral arguments. The Court may also fix specific timeslots and restricted
time limits for oral arguments, as deemed appropriate.
Rule - 34. Patents/Trade Mark Agents :-
Before the IPD, Agents who are registered as Patent agents
or Trade Mark agents, as also any professional/academician having knowledge of
the said subject matter of the dispute shall have a right of audience, when
permitted by the Court, to appear along with the counsels/legal practitioners
representing the parties to assist the Court.
Rule - 35. Costs :-
In cases before the IPD, actual costs may be awarded by the Court as already
provided for in the Delhi High Court (Original Side) Rules, 2018.
Rule - 36. Accessibility and Reasonable Accommodations :-
(i)
All
filings before the IPD shall be in a Portable Document Format with Optical
Character Recognition (OCR) enabled with image resolution of at least 300 dots
per inch (dpi);
(ii)
The
Court, suo motu or upon a request made by way of application, may issue such
direction(s) that it deems necessary for providing reasonable accommodation to
such person(s) with a specified disability as recognized under the Rights of
Persons with Disabilities Act, 2016 for the sole purpose of participating in
the proceedings before the IPD.
Rule - 37. Mediation and Early Neutral Evaluation (ENE) :-
(i)
At
any stage, in any proceeding, if the Court is of the opinion that the parties
ought to explore mediation, the Court may appoint a qualified mediator or panel
of mediators including mediators with training or experience in IPR subject
matter(s). Consent of the parties is not required once the Court is of the
opinion that an amicable resolution needs to be explored;
(ii)
Such
mediation will be conducted under the aegis of the Delhi High Court Mediation
and Conciliation Centre and, where necessary, in collaboration with the relevant
IPO;
(iii)
At
any stage the court may also direct ENE by appointing a qualified and
independent evaluator if it is of the opinion that such ENE would assist in
early resolution;
(iv)
Mediation/ENE
proceedings may proceed concurrently with the legal proceedings before the
Court so as not to delay adjudication.
Rule - 38. Appeals from orders of the IPD :-
Appeals, if maintainable, shall lie against orders of the IPD to the Division
Bench either:
(i)
In
the form of a Letters Patent Appeal (LPA); or
(ii)
In
the form of appeals to the Commercial Appellate Division under Section 13,
Commercial Courts Act, 2015.
Rule - 39. Condonation of delay :-
In case of delay in filing of petitions, appeals or any
other proceeding beyond the relevant limitation period, if any, the Court shall
have the power to condone delay on principles akin to Section 5 of the
Limitation Act, 1963 provided that an application demonstrating sufficient
cause to explain such delay is filed.
Rule - 40. Cases transferred from the IPAB :-
All cases under various categories received in the Delhi
High Court from the IPAB shall be registered and listed before the IPD, and
given the nomenclature as provided for in these Rules. The IPD shall broadly
follow these Rules for the adjudication and disposal of the said cases, to such
extent as possible.
SCHEDULE I
FORM-I
[Form under Section 47/57/125 of the
Trade Marks Act, 1999]
(COURT FEES:_______)
IN THE HIGH COURT OF DELHI AT NEW DELHI
(Intellectual Property Division - Original Civil
Jurisdiction)
C.O. (Comm.-IPD/TM)_____ of __________
(Full Name, address, e-mail and mobile number of the
petitioner(s)/applicant(s). In case of foreign petitioner(s)/applicant(s),
address for service in India to be furnished)
...Petitioner(s)/Applicant(s)
Versus
(Full Name(s), address, e-mail and mobile number of the
Respondent(s). In case of foreign Respondent(s),address for service in India to
be furnished)
...Respondent(s)
PETITION/APPLICATION UNDER SECTION47/ 57/ 125 OF THE TRADE
MARKS ACT, 1999 FOR
?(score out the provision
not applicable)
The Petitioner(s)/ Applicant(s) above named respectfully
submits as under:
1.
Full
Name of the Advocate :
2.
Address,
e-mail and mobile number of the Advocate :
3.
Name
and address of the Trade Marks Agent, if any :
4.
Trade
mark sought to be cancelled/varied/rectified -
(i)
Registration
no.
(ii)
Word
mark/Device mark
(iii)
(The
mark as appearing in the Registration Certificate be affixed)
(iv)
Date
of filing of Application
(v)
Date
of advertisement in the Trade Marks Journal and details thereof
(vi)
Details
of Opposition(s) filed if any
(vii)
Date
of grant of registration
(viii)
Renewal
details :
5.
Relief
prayed and relevant section(s) :
6.
Proprietor
of the registered trade mark :
7.
Details
of predecessor-in-interest of the trade mark, if any :
8.
Current
status of the trade mark (print out from the website of the Registry of Trade
Marks to be attached)
:
9.
Date
of user claimed in the application for trade mark. :
10.
Disclaimer/other
conditions, if any :
11.
Interest
of the petitioner, in brief :
12.
Grounds
for seeking relief :
13.
Details
of any other proceedings pending with respect to the same trade mark within the
knowledge of the petitioner/Applicant including the forum :
14.
Prayer
:
[Name & Signature of the
Advocate for the Petitioner(s)/Applicant(s)]
15.
Verification
:
(Signature of the Petitioner(s)/
Applicant(s)
16.
Affidavit
in support
List of
Documents
1.
Copy
of registration certificate/legal proceeding certificate obtained by the
respondent in respect of the impugned mark. If the same is not available, copy
of the certificate, along with the trademark journal and any documents showing
conditions which may have been imposed on the registration, be filed.
2.
Current
status of the trade mark printed from the website of the Trade Marks Registry.
3.
Any
other relevant document(s)
NOTE:
1.
All
the pleadings shall be accompanied by the affidavit of the authorised
representative of the party concerned.
2.
Documents
establishing authorization such as Power-of-Attorney, Board Resolution etc.
shall accompany the petition.
FORM-II
[Form under Section 91 of the Trade
Marks Act, 1999 and under Rule 156 of the Trade Marks Rules, 2017]
[COURT FEES:_______]
IN THE HIGH COURT OF DELHI AT NEW DELHI
(Intellectual Property Division - Appellate jurisdiction)
C.A. (Comm-IPD/TM)_____ of __________
(Full Name, address, e-mail and mobile number of the
Appellant(s). In case of foreign Appellant(s), address for service in India to
be furnished)
...Appellant(s)
Versus
(Full Name, address, e-mail and mobile number of the
Respondent(s). In case of foreign respondent(s)address for service in India to
be furnished)
...Respondent(s)
APPEAL UNDER SECTION 91 OF THE TRADE MARKS ACT, 1999AND
UNDER RULE 156 OF THE TRADE MARKS RULES, 2017 CHALLENGING THE ORDER DATED
________ PASSED BY
The appellant(s) above named respectfully submits as under
1.
Full
Name of the Advocate :
2.
Address,
e-mail and mobile number of the Advocate :
3.
Name
and address of the Trade Mark Agent, if any :
4.
Date
of the impugned order appealed against :
5.
Authority
which passed the impugned order :
6.
Provision
under which the impugned order passed :
7.
Period
of limitation :
8.
Delay,
if any, in filing the appeal and reasons thereof :
9.
Grounds
of appeal :
10.
Details
of any other proceedings pending in respect of the same trade mark within the
knowledge of the Appellant :
11.
Prayer
(Name & Signature of the
Advocate/Appellant(s))
12.
Verification
:
[Signature of the Appellant(s)]
13.
Affidavit
in support. :
List of
Documents
1.
Copy
of the impugned order passed by the IPO
2.
Any
other relevant documents forming part of the record of the IPO.
NOTE:
1.
All
the pleadings shall be accompanied by the affidavit of the authorised
representative of the party concerned.
2.
Documents
establishing authorization such as Power-of-Attorney, Board Resolution etc.
shall accompany the appeal.
FORM-III
[Form under Section 19A of the
Copyright Act 1957]
(COURT FEES:_______)
IN THE HIGH COURT OF DELHI AT NEW DELHI
(Intellectual Property Division - Original Civil
Jurisdiction)
C.O. (Comm.-IPD/CR)_____ of __________
(Full Name, address, e-mail and mobile number of the
Complainant (s). In case of foreign Complainant (s), address for service in
India to be furnished)
...Petitioner(s)/Complainant(s)
Versus
(Full Name(s), address, e-mail and mobile number of the
Respondent(s). In case of foreign Respondent(s), address for service in India
to be furnished)
...Respondent(s)
PETITION/COMPLAINT UNDER SECTION 19A OF THECOPYRIGHT ACT,
1957
The Petitioner(s)/complainant(s) above named respectfully
submits as under:
1.
Full
Name of the Advocate :
2.
Address,
e-mail and mobile number of the Advocate :
3.
Name,
address, e-mail, mobile number and nationality of the owner/Author/assignor :
4.
Description
of the work (Literary, Dramatic Musical, Artistic, Cinematograph Film, Sound
Recording) including
(i)
Title
of the work
(ii)
Name,
address and nationality of the publisher
(iii)
Year
of first and last publication
(iv)
Country
of first and last publication:
5.
If
the copyright in the work is registered, details of registration be provided
6.
Date
of Assignment (copy of assignment deed be attached) :
7.
Grounds
for revocation of assignment or Nature of dispute relating to the assignment:
8.
Details
of any other proceedings pending with respect to the same work within the
knowledge of the complainant(s) :
9.
Royalty
payable, if any and justification thereof :
10.
Prayer
:
[Name & Signature of the
Advocate for the Petitioner(s)/Complainant(s)]
11.
Verification
:
(Signature of the
Petitioner(s)/Complainant (s)
12.
Affidavit
in support :
List of
Documents
1.
Copy
of assignment deed be attached
2.
Any
other relevant documents
NOTE:
1.
All
the pleadings shall be accompanied by the affidavit of the authorised
representative of the party concerned.
2.
Documents
establishing authorization such as Power-of-Attorney, Board Resolution etc.
shall accompany the petition.
FORM-IV
[Form under Sections 31/31A/31B/31C/31D/32/32A/33Aof
the Copyright Act 1957]
(COURT FEES:_______)
IN THE HIGH COURT OF DELHI AT NEW DELHI
(Intellectual Property Division - Original Civil
Jurisdiction)
C.O. (Comm.-IPD/CR)_____ of __________
(Full Name, address, e-mail and mobile number of the
Petitioner(s)/Complainant(s)/Applicant(s). In
case of foreign
Petitioner(s)/Complainant(s)/Applicant(s), address for
service in India to be furnished)
...Petitioner(s)/Complainant(s)/Applicant(s)
Versus
(Full Name(s), address, e-mail and mobile number of the
Respondent(s). In case of foreign Respondent(s), address for service in India
to be furnished)
...Respondent(s)
PETITION/COMPLAINT/APPLICATION UNDER SECTIONS
31/31A/31B/31C/31D/32/32A/33A OFTHE COPYRIGHT ACT, 1957.
(score out the provision not applicable)
The petitioner(s)/complainant(s)/ applicant(s) above named
respectfully submits as under:
1.
Full
Name of the Advocate :
2.
Address,
e-mail and mobile number of the Advocate :
3.
Name,
address, e-mail, mobile number and nationality of the owner/Author, if known.
If owner/author is dead, details of heirs, legal representatives if known to
the Petitioner(s)/Complainant(s)/Applicant(s) :
4.
Details
of copyright society, if applicable :
5.
Description
of the work (Literary, Dramatic Musical, Artistic, Cinematograph Film, Sound
Recording) for which licence is sought/tariff is to be paid
(i)
Title
of the work
(ii)
Name,
address and nationality of the publisher
(iii)
Whether
work is published/unpublished
(iv)
Year
of first and last publication
(v)
Country
of first and last publication :
6.
If
the work(s) for which licence is sought is a Collection/Repertoire or a part
thereof, then the name of the copyright owner of the entire
Collection/Repertoire :
7.
Details
of Tariff Scheme published by the Copyright society, if applicable :
8.
If
the licence is applied for reproduction, publishing or re publishing/issuance
of copies
(i)
Medium
through which copies would be issued -
print/electronic/digital/online
(ii)
Estimated
cost of the work to be published
(iii)
Proposed
retail price per copy of the work
(iv)
Rate
of royalty, currently being charged by the owner, if available or prevailing
standards of royalty for such works
(v)
Rate
of royalty, last paid by the Complainant(s), if applicable
(vi)
Rate
of royalty, which the Complainant(s) considers reasonable to be paid to the
copyright owner
(vii)
Means
available to the Complainant (s) for payment of royalty
(viii)
Language
of proposed publication :
9.
If
the licence is applied for performance in public
(i)
Number
of performances of work proposed to be made under the licence applied for
(ii)
Proposed
place(s), date(s) and venue(s) of performance
(iii)
Estimated
cost of each performance
(iv)
Rate
charged by the owner for comparable performances, if available or prevailing
standards of royalty for such works
(v)
Rate
of royalty, which the applicant considers reasonable, to be paid to the
copyright owner
(vi)
Means
available to the Complainant(s) for payment of royalty
10.
If
the licence is applied for communication to public by broadcast
(i)
Duration
of broadcast and the number of times it is proposed to be broadcast
(ii)
The
name of the channels and territorial coverage of the broadcast
(iii)
Prevailing
standards of royalties in regard to such works
(iv)
Rate
of royalty, which the applicant considers reasonable, to be paid to the
copyright owner
(v)
Means
of the applicant for payment of the royalty :
11.
Details
of publication in newspaper as per Section 31A(2) :
12.
Nature
of activities of the
Petitioner(s)/Applicant(s)/Complainant(s)undertaken
for persons with disability as per Section 31B, if applicable :
13.
Details
of prior notice given under Section 31C(2) or 31D(2), if applicable :
14.
Whether
the licence sought is in respect of a work which is not an Indian work, for the
purposes of teaching, scholarship, research, systematic instructional
activities or for dissemination of the results of specialised, technical or
scientific research to experts in a particular field under Section 327 :
15.
Whether
the Petitioner(s)/Complainant (s)/Applicant(s) sought a licence from the owner
of copyright? If so details thereof :
16.
Whether
copies of the work are available in India or have been put on sale in India? :
17.
Grounds
for grant of Compulsory Licence/opposing Tariff Scheme :
18.
Prayer
:
[Name & Signature of the
Advocate for the Petitioner(s)/ Complainant(s)/Applicant(s)]
19.
Verification
:
(Signature of the Petitioner(s)/
Complainant(s)/Applicant(s)
20.
Affidavit
in support :
List of
Documents
1.
Copy
of assignment deed, if applicable.
2.
All
other relevant documents forming part of the record of the IP Office.
NOTE:
1.
All
the pleadings shall be accompanied by the affidavit of the authorised
representative of the party concerned.
2.
Documents
establishing authorization such as Power-of-Attorney, Board Resolution etc.
shall accompany the petition.
FORM-V
[Form under Section 31C(5)of The
Copyright Act, 1957]
(COURT FEES:_______)
IN THE HIGH COURT OF DELHI AT NEW DELHI
(Intellectual Property Division - Original Civil
Jurisdiction)
C.O. (Comm.-IPD/CR)_____ of __________
(Full Name, address, e-mail and mobile number of the
Petitioner(s)/Complainant(s)/Applicant(s). In case of foreign Petitioner(s)/Complainant(s)/Applicant(s),
address for service in India to be furnished)
...Petitioner(s)/Complainant(s)/Applicant(s)
Versus
(Full Name(s), address, e-mail and mobile number of the
Respondent(s). In case of foreign Respondent(s), address for service in India
to be furnished)
...Respondent(s)
PETITION/COMPLAINT/APPLICATION UNDER SECTION 31C(5) OF THE
COPYRIGHT ACT, 1957.
The petitioner(s)/complainant(s)/applicant(s) above named
respectfully submits as under:
1.
Full
Name of the Advocate :
2.
Address,
e-mail and mobile number of the Advocate :
3.
Details
of ownership of Sound Recordings for which relief is
claimed by
Petitioner(s)/Complainant(s)/Applicant(s) :
4.
Details
of the cover versions being published by the Respondent(s) :
5.
Details
of prior notice issued by the Respondent(s) to the
Owner(s)/Petitioner(s)/Complainant(s)/Applicant(s) :
6.
Royalty
paid, if any :
7.
Alterations
made by the Respondent (s), if any :
8.
Breach(es)
by the Respondent(s) :
9.
Whether
order of injunction ceasing the making of further copies of the Sound Recording
is sought. If so grounds thereof :
10.
Amount
and details of royalty claimed by the Petitioner(s)/Complainant(s)/Applicant(s)
:
11.
Prayer
:
[Name & Signature of the
Advocate for the Petitioner(s)/ Complainant(s)/Applicant(s)]
12.
Verification
(Signature of the
Petitioner(s)/Complainant(s)/Applicant(s)
13.
Affidavit
in support :
List of
Documents
1.
Relevant
document(s).
NOTE:
1.
All
the pleadings shall be accompanied by the affidavit of the authorised
representative of the party concerned.
2.
Documents
establishing authorization such as Power-of-Attorney, Board Resolution etc.
shall accompany the petition.
FORM-VI
[Form under Section 50 of the
Copyright Act 1957]
(COURT FEES:_______)
IN THE HIGH COURT OF DELHI AT NEW DELHI
(Intellectual Property Division - Original Civil
Jurisdiction)
C.O. (Comm.-IPD/CR)_____ of __________
(Full Name, address, e-mail and mobile number of the
Petitioner(s)/Complainant(s)/Applicant(s). In case of foreign
Petitioner(s)/Complainant(s)/Applicant(s), address for service in India to be
furnished)
...Petitioner(s)/Complainant(s)/Applicant(s)
Versus
(Full Name(s), address, e-mail and mobile number of the
Respondent(s). In case of foreign Respondent(s), address for service in India
to be furnished)
...Respondent(s)
PETITION/COMPLAINT UNDER SECTION 50 OF THECOPYRIGHT ACT,
1957
The Petitioner(s)/Complainant(s)/Applicant(s) above named
respectfully submits as under:
1.
Full
Name of the Advocate :
2.
Address,
e-mail and mobile number of the Advocate :
3.
Name,
address, e-mail, mobile number and nationality of the owner/Author/assignor :
4.
Description
of the work (Literary, Dramatic Musical, Artistic, Cinematograph Film, Sound
Recording) including
(i)
Title
of the work
(ii)
Name,
address and nationality of the publisher:
(iii)
Year
of first and last publication
(iv)
Country
of first and last publication :
5.
Details
of registration
6.
Grounds
for rectification :
7.
Details
of any other proceedings pending with respect to the same work within the
knowledge of the petitioner(s) :
8.
Prayer
:
[Name & Signature of the
Advocate for the Petitioner(s)/ Complainant(s)/Applicant(s)]
9.
Verification
:
(Signature of the Petitioner(s)/
Complainant(s)/Applicant(s)
10.
Affidavit
in support :
List of
Documents
1.
Copy
of assignment deed be attached
2.
Any
other relevant documents
NOTE:
1.
All
the pleadings shall be accompanied by the affidavit of the authorised
representative of the party concerned.
2.
Documents
establishing authorization such as Power-of-Attorney, Board Resolution etc.
shall accompany the petition.
FORM-VII
[Form for Appeals under Section 72
of the Copyright Act, 1957]
[COURT FEES:_______]
IN THE HIGH COURT OF DELHI AT NEW DELHI
(Intellectual Property Division - Appellate jurisdiction)
C.A.(Comm.-IPD/CR)_____ of __________
(Full Name, address, e-mail and mobile number of the
Appellant(s). In case of foreign Appellant(s), address for service in India to
be furnished)
...Appellant(s)
Versus
(Full Name, address, e-mail and mobile number of the
Respondent(s). In case of foreign respondent(s)address for service in India to
be furnished)
...Respondent(s)
APPEAL UNDER SECTION 72 OF THE COPYRIGHTACT, 1957
CHALLENGING THE ORDER DATED ________ PASSED BY _________
The appellant(s) above named respectfully submits as under:
1.
Full
Name of the Advocate :
2.
Address,
e-mail and mobile number of the Advocate :
3.
Date
of the impugned order appealed against :
4.
Provision
under which the impugned order passed :
5.
Period
of limitation :
6.
Delay,
if any, in filing the appeal and reasons thereof :
7.
Grounds
of appeal :
8.
Details
of any other proceedings pending in respect of the same work(s) within the
knowledge of the Appellant :
9.
Prayer
:
(Name & Signature of the
Advocate/Appellant(s))
10.
Verification
:
[Signature of the Appellant(s)]
11.
Affidavit
in support. :
List of
Documents
(i)
Impugned
order.
(ii)
Any
other relevant documents.
NOTE:
1.
All
the pleadings shall be accompanied by the affidavit of the authorised
representative of the party concerned.
2.
Documents
establishing authorization such as Power-of-Attorney, Board Resolution etc.
shall accompany the appeal.
FORM-VIII
[Form under Sections 64/71 of the
Patents Act, 1970]
[COURT FEES:_______]
IN THE HIGH COURT OF DELHI AT NEW DELHI
(Intellectual Property Division - Original Civil
Jurisdiction)
C.O. (Comm.-IPD/PAT)_____ of __________
(Full Name, address, e-mail and mobile number of the
petitioner(s)/applicant(s). In case of foreign petitioner(s)/applicant(s),
address for service in India to be furnished)
...Petitioner(s)/Applicant(s)
Versus
(Full Name(s), address, e-mail and mobile number of the
Respondent(s). In case of foreign Respondent(s), address for service in India
to be furnished)
...Respondent(s)
PETITION/APPLICATION UNDER SECTION ____ OF THE PATENTSACT,
1970 SEEKING___________________
The Petitioner(s)/Applicants(s) above named respectfully
submit as under:
1.
Full
Name of the Advocate :
2.
Address,
e-mail and mobile number of the Advocate :
3.
Name
and address of the Patent Agent, if any :
4.
Patent
sought to be revoked/rectified
(i)
Registration
number
(ii)
Title
of the invention
(iii)
Date
of filing of Application
(iv)
Date
of advertisement in the Journal and details thereof
(v)
Details
of pre-grant Opposition(s) filed, if any
(vi)
Date
of grant of patent
(vii)
Date
of expiry of the term of patent :
4.
Proprietor
of the registered Patent :
5.
Details
of predecessor-in-interest of the Patent, if any :
6.
Current
status of the Patent (print out from the website of the Patent Office to be
attached) :
7.
Interest
of the petitioner, in brief :
8.
Provisions
invoked for seeking revocation/ Rectification :
9.
Grounds
for seeking revocation/ Rectification :
10.
Details
of any other proceedings pending with respect to the same patent or patent
family within the knowledge of the petitioner/Applicant :
11.
Prayer
:
[Name & Signature of the
Advocate for the Petitioner(s)/Applicant(s)]
12.
Verification
:
(Signature of the Petitioner(s)/
Applicant(s)
13.
Affidavit
in support :
List of
documents
1.
Copy
of the complete specification of the Patent of which revocation or
rectification is sought be filed.
2.
Any
other relevant documents.
NOTE:
1.
All
the pleadings shall be accompanied by the affidavit of the authorised
representative of the party concerned.
2.
Documents
establishing authorization such as Power-of-Attorney, Board Resolution etc.
shall accompany the petition.
FORM-IX
[Form under Section 117-A of the
Patents Act, 1970]
[COURT FEES:_______]
IN THE HIGH COURT OF DELHI AT NEW DELHI
(Intellectual Property Division - Appellate jurisdiction)
C.A.(Comm.-IPD/PAT)_____ of __________
(Full Name, address, e-mail and mobile number of the
Appellant(s). In case of foreign Appellant(s), address for service in India to
be furnished)
...Appellant(s)
Versus
(Full Name, address, e-mail and mobile number of the
Respondent(s). In case of foreign respondent(s)address for service in India to
be furnished)
...Respondent(s)
APPEAL UNDER SECTION 117A OF THE PATENTSACT,1970 CHALLENGING
THE ORDER DATED _____ PASSED BY _____________________________
The appellant(s) above named respectfully submit as under:
1.
Full
Name of the Advocate :
2.
Address,
e-mail and mobile number of the Advocate :
3.
Name
and address of the Patent Agent, if any :
4.
Date
of the impugned order appealed against :
5.
Authority
which passed the impugned order :
6.
Provision
under which the impugned order passed :
7.
Period
of limitation :
8.
Delay,
if any, in filing the appeal and reasons thereof :
9.
Grounds
of appeal :
10.
Details
of any other proceedings pending in respect of the same patent or patent family
within the knowledge of the Appellant :
11.
Prayer
:
(Name & Signature of the
Advocate/Appellant(s))
12.
Verification
[Signature of the Appellant(s)]
13.
ffidavit
in support. :
List of
Documents
1.
Copy
of the impugned order passed by the IPO.
2.
Any
other relevant documents forming part of the record of the IPO.
NOTE:
1.
All
the pleadings shall be accompanied by the affidavit of the authorised
representative of the party concerned.
2.
Documents
establishing authorization such as Power-of-Attorney, Board Resolution etc.
shall accompany the appeal.
FORM-X
[Form under Sections 56 of the
Protection of Plants Varieties and Farmers Rights Act, 2001]
[COURT FEES:_______]
IN THE HIGH COURT OF DELHI AT NEW DELHI
(Intellectual Property Division - Appellate Jurisdiction)
C.A. (Comm.-IPD/PV)_____ of __________
(Full Name, address, e-mail and mobile number of the
Appellant(s). In case of foreign Appellant(s), address for service in India to
be furnished)
...Appellant(s)
Versus
(Full Name, address, e-mail and mobile number of the
Respondent(s). In case of foreign respondent(s)address for service in India to
be furnished)
...Respondent(s)
APPEAL UNDER SECTION 56 OF THE PROTECTION OF PLANTS
VARIETIES AND FARMERS RIGHTS ACT, 2001 AGAINST ORDER DATED ________ PASSED BY
_____________________________
The Appellant(s) above named respectfully submits as under:
1.
Full
Name of the Advocate :
2.
Address,
e-mail and mobile number of the Advocate :
3.
Plant
Variety subject matter of the Appeal
(i)
Application/Registration
number Type of Plant Variety registered
(ii)
The
PV as appearing in the Application/Registration Certificate be affixed
(iii)
Date
of filing of the Application
(iv)
Date
of advertisement in the Journal and details thereof
(v)
Details
of Opposition(s) filed if any
(vi)
Date
of grant of registration
(vii)
Renewal
details
4.
Date
of the order appealed against :
5.
Provision
under which impugned order passed :
6.
Period
of limitation :
7.
Delay,
if any, in filing the appeal and reasons thereof :
8.
Grounds
of appeal :
9.
Applicant/Proprietor
of the PV :
10.
Authority
which passed the impugned order :
11.
Details
of any other proceedings pending with respect to the same PV within the
knowledge of the appellant(s) :
12.
Prayer
:
Name & Signature of the Advocate
for the Appellant(s)]
13.
Verification
:
[Signature of the Appellant(s)]
14.
Affidavit
in support :
List of
Documents
1.
Copy
of the impugned order passed by the IPO
2.
Any
other relevant documents forming part of the record of the IPO.
NOTE:
1.
All
the pleadings shall be accompanied by the affidavit of the authorised
representative of the party concerned.
2.
Documents
establishing authorization such as Power-of-Attorney, Board Resolution etc.
shall accompany the appeal.
FORM-XI
[Form under Section 27/58 of the
Geographical Indications of Goods (Registration and Protection) Act, 1999]
[COURT FEES:_______]
IN THE HIGH COURT OF DELHI AT NEW DELHI
(Intellectual Property Division - Original Civil
Jurisdiction)
C.O.(Comm.-IPD/GI)_____ of __________
(Full Name, address, e-mail and mobile number of the
petitioner(s)/applicant(s). In case of foreign petitioner(s)/applicant(s),
address for service in India to be furnished)
...Petitioner(s)/Applicant(s)
Versus
(Full Name(s), address, e-mail and mobile number of the
Respondent(s). In case of foreign Respondent(s), address for service in India
to be furnished)
...Respondent(s)
PETITION/APPLICATION UNDER SECTION 27/58 OF THE GEOGRAPHICAL
INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 SEEKING _____________
The Petitioner(s)/ Applicant(s) above named respectfully
submit as under:
1.
Full
Name of the Advocate :
2.
Address,
e-mail and mobile number of the Advocate :
3.
Name
and address of the Agent :
4.
Geographical
Indication(s) sought to be cancelled or varied
(i)
Registration
number
(ii)
Geographical
Indication
(The GI as appearing in the
Registration Certificate be affixed)
(iii)
Date
of filing of Application
(iv)
Date
of advertisement in the Geographical Indication Journal and details thereof
(v)
Details
of Opposition(s) filed if any
(vi)
Date
of grant of registration
(vii)
Renewal
details :
5.
Proprietor
of the registered Geographical Indication :
6.
Details
of predecessor-in-interest of the Geographical Indication, if any :
7.
Details
of homonymous Geographical Indication, if any Applied for/registered :
8.
Current
status of the Geographical Indications (print-out from the website of the
Geographical Indications Registry to be attached) :
9.
Date
of user claimed in the application for Geographical Indications. :
10.
Disclaimer/other
conditions, if any :
11.
Interest
of the petitioner(s)/ applicant(s), in brief :
12.
Grounds
for seeking cancellation/relief :
13.
Details
of any other proceedings pending with respect to the same GI within the
knowledge of the Petitioner(s)/Applicant(s) :
14.
Prayer
[Name & Signature of the
Advocate for the Petitioner(s)/Applicant(s)]
15.
Verification
:
(Signature of the Petitioner(s)/ Applicant(s)
16.
Affidavit
in support :
List of
documents
1.
Copy
of registration certificate obtained by the respondent in respect of the
impugned GI.
2.
Current
status of the GI printed from the website of the GI Registry
3.
Relevant
documents.
NOTE:
1.
All
the pleadings shall be accompanied by the affidavit of the authorised
representative of the party concerned.
2.
Documents
establishing authorization such as Power-of-Attorney, Board Resolution etc
shall accompany the petition.
FORM-XII
[Form under Sections 31 of the
Geographical Indications Of Goods (Registration and Protection) Act, 1999 and
Rule 116 of the Geographical Indications of Goods (Registration and Protection)
Rules, 2002]
[COURT FEES:_______]
IN THE HIGH COURT OF DELHI AT NEW DELHI
(Intellectual Property Division - Appellate jurisdiction)
C.A.(Comm.-IPD/GI)_____ of __________
(Full Name, address, e-mail and mobile number of the
Appellant(s). In case of foreign Appellant(s), address for service in India to
be furnished)
...Appellant(s)
Versus
(Full Name, address, e-mail and mobile number of the
Respondent(s). In case of foreign respondent(s)address for service in India to
be furnished)
...Respondent(s)
APPEAL UNDER SECTION 31 OF THEGEOGRAPHICAL INDICATIONS OF
GOODS (REGISTRATION AND PROTECTION) ACT, 1999AND RULE 116 OF THE GEOGRAPHICAL
INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) RULES, 2002CHALLENGING THE
ORDER DATED ________ PASSED BY _____________________________
The Appellant(s) above named respectfully submit as under:
1.
Full
Name of the Advocate :
2.
Address,
e-mail and mobile number of the Advocate. :
3.
Name
and address of the Agent :
4.
Geographical
Indication(s)subject matter of the Appeal
(i)
Registration
number
(ii)
Geographical
Indication
(iii)
(The
GI as appearing in the Registration Certificate be affixed)
(iv)
Date
of filing of Application
(v)
Date
of advertisement in the Geographical Indication Journal and details thereof
(vi)
Details
of Opposition(s) filed if any
(vii)
Date
of grant of registration
(viii)
Renewal
details :
5.
Date
of the impugned order appealed against :
6.
Applicant/Proprietor
of the Geographical Indication :
7.
?Authority which passed the impugned order :
8.
Provision
under which impugned order passed :
9.
Period
of limitation :
10.
Delay,
if any, in filing the appeal and reasons thereof. :
11.
Grounds
of appeal :
12.
Details
of any other proceedings pending with respect to the same GI within the
knowledge of the appellant(s) :
13.
Prayer
:
(Name & Signature of the Advocate/Appellant(s))
14.
Verification
:
[Signature of the Appellant(s)]
15.
Affidavit
in support. :
List of
Documents
1.
Copy
of the impugned order passed by the IPO
2.
Any
other relevant documents forming part of the record of the IPO.
NOTE:
1.
All
the pleadings shall be accompanied by the affidavit of the authorised
representative of the party concerned.
2.
Documents
establishing authorization such as Power-of-Attorney, Board Resolution etc.
shall accompany the appeal.
FORM-XIII
[Form under Section 40 of the
Semiconductor Integrated Circuits Layout-Design Act, 2000]
(COURT FEES:_______)
IN THE HIGH COURT OF DELHI AT NEW DELHI
(Intellectual Property Division - Original Civil
Jurisdiction)
C.O. (Comm.-IPD/SCD)_____ of __________
?(Full Name, address,
e-mail and mobile number of the petitioner(s)/applicant(s). In case of foreign
petitioner(s)/applicant(s), address for service in India to be furnished)
...Petitioner(s)/Applicant(s)
Versus
(Full Name(s), address, e-mail and mobile number of the
Respondent(s). In case of foreign Respondent(s), address for service in India
to be furnished)
...Respondent(s)
PETITION/APPLICATION UNDER SECTION 40 OF THE SEMICONDUCTOR
INTEGRATED CIRCUITS LAYOUT-DESIGN ACT, 2000 FOR _______________________________
The Petitioner(s)/ Applicant(s) above named respectfully
submits as under:
1.
Full
Name of the Advocate :
2.
Address,
e-mail and mobile number of the Advocate :
3.
Name
and address of the Agent, if any: :
4.
Details
of Layout-design for which royalty is being claimed: :
5.
Relief
prayed and relevant section(s) :
6.
Brief
facts :
7.
Grounds
in support for seeking royalty: :
8.
Benefit
accrued by performing, or directing to be performed, the acts referred to
Section 18(1)(b) in respect of layout-design :
9.
Details
of any other proceedings pending with respect to the same layout-design within
the knowledge of the petitioner/Applicant including the forum :
10.
Prayer
:
[Name & Signature of the
Advocate for the Petitioner(s)/Applicant(s)]
11.
Verification
:
(Signature of the Petitioner(s)/
Applicant(s)
12.
Affidavit
in support
List of
Documents
1.
Copy
of registration certificate obtained by the respondent in respect of the
impugned layout-design.
2.
Current
status of the layout-design.
3.
Any
other relevant document(s).
NOTE:
1.
All
the pleadings shall be accompanied by the affidavit of the authorised
representative of the party concerned.
2.
Documents
establishing authorization such as Power-of-Attorney, Board Resolution etc.
shall accompany the petition.
FORM-XIV
[Form under Section 41 of the
Semiconductor Integrated Circuits Layout-Design Act, 2000]
(COURT FEES:_______)
IN THE HIGH COURT OF DELHI AT NEW DELHI
?(Intellectual
Property Division - Original Civil Jurisdiction)
C.O. (Comm.-IPD/SCD)_____ of __________
(Full Name, address, e-mail and mobile number of the
petitioner(s)/applicant(s). In case of foreign petitioner(s)/applicant(s),
address for service in India to be furnished)
...Petitioner(s)/Applicant(s)
Versus
(Full Name(s), address, e-mail and mobile number of the
Respondent(s). In case of foreign Respondent(s), address for service in India
to be furnished)
...Respondent(s)
PETITION/APPLICATION UNDER SECTION 41 OF THE SEMICONDUCTOR
INTEGRATED CIRCUITS LAYOUT-DESIGN ACT, 2000 FOR _______________________________
The Petitioner(s)/ Applicant(s) above named respectfully
submits as under:
1.
Full
Name of the Advocate :
2.
Address,
e-mail and mobile number of the Advocate :
3.
Name
and address of the Agent, if any :
4.
Details
of Layout-design sought to be cancelled :
5.
Relief
prayed and relevant section(s) :
6.
Proprietor
of the registered layout-design :
7.
Grounds
for seeking relief :
8.
Details
of any other proceedings pending with respect to the same layout-design within
the knowledge of the petitioner/Applicant including the forum :
9.
Prayer
:
[Name & Signature of the
Advocate for the Petitioner(s)/Applicant(s)]
10.
Verification
:
(Signature of the Petitioner(s)/
Applicant(s)
11.
Affidavit
in support :
List of
Documents
1.
Copy
of registration certificate obtained by the respondent in respect of the
impugned layout-design.
2.
Current
status of the layout-design
3.
Any
other relevant document(s)
NOTE:
1.
All
the pleadings shall be accompanied by the affidavit of the authorised
representative of the party concerned.
2.
Documents
establishing authorization such as Power-of-Attorney, Board Resolution etc.
shall accompany the petition.
FORM-XV
[Form under Section 42 of the
Semiconductor Integrated Circuits Layout-Design Act, 2000]
?[COURT FEES:_______]
IN THE HIGH COURT OF DELHI AT NEW DELHI
?(Intellectual
Property Division - Appellate Jurisdiction)
C.A. (Comm.-IPD/SCD)_____ of __________
(Full Name, address, e-mail and mobile number of the
Appellant(s). In case of foreign Appellant(s), address for service in India to
be furnished)
...Appellant(s)
Versus
(Full Name, address, e-mail and mobile number of the
Respondent(s). In case of foreign respondent(s)address for service in India to
be furnished)
...Respondent(s)
APPEAL UNDER SECTION 42 OF THE SEMICONDUCTOR INTEGRATED
CIRCUITS LAYOUTDESIGN ACT, 2000 CHALLENGING THE ORDER DATED _____ PASSED BY
_____________________________
The appellant(s) above named respectfully submit as under:
1.
Full
Name of the Advocate :
2.
Address,
e-mail and mobile number of the Advocate :
3.
Name
and address of the Agent, if any :
4.
Date
of the impugned order appealed against :
5.
Authority
which passed the impugned order :
6.
Provision
under which the impugned order passed :
7.
Period
of limitation :
8.
Delay,
if any, in filing the appeal and reasons thereof :
9.
Grounds
of appeal :
10.
Details
of any other proceedings pending in respect of the same or related
layout-design within the knowledge of the Appellant :
11.
Prayer
:
(Name & Signature of the Advocate/Appellant(s))
12.
Verification
:
[Signature of the Appellant(s)]
13.
Affidavit
in support. :
List of
Documents
1.
Copy
of the impugned order passed by the IPO
2.
Any
other relevant documents forming part of the record of the IPO.
NOTE:
1.
All
the pleadings shall be accompanied by the affidavit of the authorised
representative of the party concerned.
2.
Documents
establishing authorization such as Power-of-Attorney, Board Resolution etc.
shall accompany the appeal.
FORM-XVI
[Form under Section 36 of the
Designs Act, 2000]
[COURT FEES:_______]
IN THE HIGH COURT OF DELHI AT NEW DELHI
?(Intellectual
Property Division - Appellate jurisdiction)
C.A.(Comm.-IPD/DE)_____ of __________
?(Full Name, address,
e-mail and mobile number of the Appellant(s). In case of foreign Appellant(s),
address for service in India to be furnished)
...Appellant(s)
Versus
(Full Name, address, e-mail and mobile number of the
Respondent(s). In case of foreign respondent(s)address for service in India to
be furnished)
...Respondent(s)
APPEAL UNDER SECTION 36 OF THE DESIGNS ACT, 2000CHALLENGING
THE ORDER DATED _____ PASSED BY _____________________________
The appellant(s) above named respectfully submit as under:
1.
Full
Name of the Advocate :
2.
Address,
e-mail and mobile number of the Advocate :
3.
Name
and address of Agent, if any :
4.
Date
of the impugned order appealed against :
5.
Authority
which passed the impugned order :
6.
Provision
under which the impugned order passed :
7.
Period
of limitation :
8.
Delay,
if any, in filing the appeal and reasons thereof :
9.
Grounds
of appeal :
10.
Details
of any other proceedings pending in respect of the same or related design
within the knowledge of the Appellant :
11.
Prayer
:
(Name & Signature of the
Advocate/Appellant(s)
12.
Verification
:
[Signature of the Appellant(s)]
13.
Affidavit
in support. :
List of
Documents
1.
Copy
of the impugned order passed by the IPO
2.
Any
other relevant documents forming part of the record of the IPO.
NOTE:
1.
All
the pleadings shall be accompanied by the affidavit of the authorised
representative of the party concerned.
2.
Documents
establishing authorization such as Power-of-Attorney, Board Resolution etc.
shall accompany the appeal.
FORM-XVII
[Form under Section 46 of the
Information Technology Act, 2000]
[COURT FEES:_______]
IN THE HIGH COURT OF DELHI AT NEW DELHI
?(Intellectual
Property Division - Original Civil Jurisdiction)
C.O. (Comm.-IPD/IT)_____ of __________
?(Full Name, address,
e-mail and mobile number of the Petitioner(s). In case of foreign
Petitioner(s), address for service in India to be furnished)
...Petitioner(s)
Versus
(Full Name, address, e-mail and mobile number of the
Respondent(s). In case of foreign respondent(s)address for service in India to
be furnished)
...Respondent(s)
PETITION UNDER SECTION 46 OF THE INFORMATION TECHNOLOGY ACT,
2000 CLAIMING INJURY/DAMAGES
The Petitioner(s) above named respectfully submits as under:
1.
Full
Name of the Advocate :
2.
Address,
e-mail and mobile number of the Advocate :
3.
Period
of limitation, if any :
4.
Brief
introduction and details of the contravention committed under the provisions of
the Information Technology Act, 2000 and/or rules and regulations thereunder. :
5.
Compensation
for injury/damages claimed:
6.
Justification
thereof, in terms of Section 47, Information Technology Act, 2000
7.
Prayer
:
(Name & Signature of the
Advocate/Petitioner(s))
8.
Verification
:
[Signature of the Petitioner(s)]
9.
Affidavit
in support. :
List of
Documents
(i)
1All
relevant documents to establish the contravention under the Information
Technology Act, 2000;
(ii)
All
relevant documents in support of the claim for injury/compensation claim for
damages.
NOTE:
1.
All
the pleadings shall be accompanied by the affidavit of the authorised
representative of the party concerned.
2.
Documents
establishing authorization such as Power-of-Attorney, Board Resolution etc.
shall accompany the petition.
FORM-XVIII
[Form under Section 62 of the
Information Technology Act, 2000]
?[COURT FEES:_______]
IN THE HIGH COURT OF DELHI AT NEW DELHI
?(Intellectual
Property Division - Appellate Jurisdiction)
C.A. (Comm.-IPD/IT)_____ of __________
?(Full Name, address,
e-mail and mobile number of the Appellant(s). In case of foreign Appellant(s),
address for service in India to be furnished)
...Appellant(s)
Versus
(Full Name, address, e-mail and mobile number of the
Respondent(s). In case of foreign respondent(s)address for service in India to
be furnished)
...Respondent(s)
APPEAL UNDER SECTION 62 OF THE INFORMATION TECHNOLOGY ACT,
2000 CHALLENGING THE ORDER DATED _____ PASSED BY _____________________________
The appellant(s) above named respectfully submit as under:
1.
Full
Name of the Advocate :
2.
Address,
e-mail and mobile number of the Advocate :
3.
Date
of the impugned order appealed against :
4.
Authority/forum
which passed the impugned order :
5.
Provision
under which the impugned order passed :
6.
Period
of limitation :
7.
Delay,
if any, in filing the appeal and reasons thereof :
8.
Grounds
of appeal :
9.
Prayer
:
(Name & Signature of the
Advocate/Appellant(s))
10.
Verification
:
[Signature of the Appellant(s)]
11.
Affidavit
in support. :
List of
Documents
(i)
Copy
of the impugned order passed by the relevant authority/forum.
(ii)
Any
other relevant documents forming part of the record of the relevant authority.
NOTE:
1.
All
the pleadings shall be accompanied by the affidavit of the authorised
representative of the party concerned.
2.
Documents
establishing authorization such as Power-of-Attorney, Board Resolution etc.
shall accompany the appeal.
SCHEDULE 2
|
Sr. No. |
Items |
Court Fees |
|
1. |
Application
or Petition filed under Sections 47/57/125 of the Trade Marks Act, 1999, in
alternative or in conjunction. |
Rs. 10,000/- |
|
2. |
Appeal
filed to the High Court under Section91 of Trade Marks Act, 1999. |
Rs. 10,000/- |
|
3. |
Petition
or Complaints filed under Section 19A of the Copyright Act, 1957 with respect
to assignment of the Copyright Act. |
Rs. 5000/- |
|
4 |
Petition
or Complaint or Application filed under Section 31 of the Copy Right Act,
1957· for Compulsory Licence in works withheld from Public. |
Rs. 10,000/- |
|
5. |
Petition
or Complaint or Application filed under Section 31A of the Copyright Act 1957
for Compulsory Licence in Unpublished or Published Works. |
Rs. 10,000/- |
|
6. |
Petition
or Complaint or Application filed under Section 31B of the Copyright Act,
1957 for Compulsory Licence for Benefit of Disabled. |
Rs. 10,000/- |
|
7. |
Petition
or Complaint or Application filed under Section 31C of the Copyright Act,
1957 for Statutory Licence for cover versions. |
Rs. 10,000/- |
|
8. |
Petition
or Complaint or Application filed under Section 31D of the Copyright Act,
1957 for Statutory Licence for Broadcasting of Literary and Musical Works and
Sound Recording. |
Rs. 10,000/- |
|
9. |
Petition
or Complaint or Application filed under Section 32 of the Copyright Act, 1957
for Licence to Produce and Publish Translations. |
Rs. 10,000/- |
|
10. |
Petition
or Complaint or Application filed under Section 32A of the Copyright Act,
1957 for Licence to Reproduce and Publish Works for Certain Purposes. |
Rs. 10,000/- |
|
11. |
Petition
or Complaint or Application filed under Section 31C (5) of the Copyright Act,
1957 to the effect that the owner of the right has not paid in full for any
sound recordings purporting to be made in pursuance of this Section. |
Rs. 10,000/- |
|
12. |
Application
for rectification of register filed under Section 50 of the Copyright Act. |
Rs. 10,000/- |
|
13. |
Appeal
made under Section 72 of the Copyright Act, 1957 against the order of the
Registrar. |
Rs. 5000/- |
|
14. |
Petition
or Application made under Section 64 of the Patents Act, 1970 for Revocation
of Patent. |
Rs. 10,000/- |
|
15. |
Petition
or Application made under Section 71 of the Patent Act, 1970 for
Rectification of Register. |
Rs. 10,000/- |
|
16. |
Appeal
filed under Section 117A of the Patents Act, 1970. |
Rs. 10,000/- |
|
17. |
Petition
or Application for rectification of the register by cancelling, expunging or
varying of any entry under Section 27 of the Geographical Indications of
Goods (Registration and Protection) Act, 1999. |
Rs. 5000/- |
|
18. |
Appeal
from the order of the Registrar filed under Section 31 of the Geographical
Indications of Goods (Registration and Protection) Act, 1999. |
Rs. 5000/- |
|
19. |
Appeal
filed under Section 56 of the Protection of Plants Varieties and Farmers
Right Act, 2001. |
Rs. 5000/- |
|
20. |
Petition
filed under Section 46 of the Information Technology Act, 2000 seeking
compensation/damages. |
Rs. 5000/- |
|
21 |
Appeal
filed under Section 62 of the Information Technology Act, 2000. |
Rs. 5000/- |
|
22. |
Appeal
filed under Section 36 of the Designs Act, 2000. |
Rs. 5000/- |
|
23. |
Any
other original petition/appeal not mentioned above. |
Rs. 5000/- |
|
24. |
Any
other miscellaneous application not mentioned above. |
Rs. 500/- |