The Rules define Intellectual Property Rights to mean:
“i. Rights pertaining to Patents, Copyrights, Trademarks, 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, breach of confidential information and related subject matters;
iv. Tortious actions involving intellectual property, privacy and publicity rights;
v. Matters pertaining to data exclusivity, domain names and other matters related to data protection, involving intellectual property issues, as also those arising under the Acts as defined in Rule 2(a);
vi. Matters involving internet violations relating to any of the subject matters under clauses (i) through (v) above related matters.”
It is pertinent to note that cases pertaining to the Information Technology Act, 2000 dealing with rights and liabilities of intermediaries, online market places and e-commerce platforms involving issues relating to any of the aforementioned rights have also been included within the purview of IPR and are consequently within the jurisdiction of the IPD. Thus, with the increase in online transactions and consequent increase in disputes related therewith, the IPD is the appropriate Court for dealing with such issues also.
Source: Barandbench
