New Delhi, Feb 26 (PTI) Delhi High Court Chief Justice D N Patel on Saturday said the disputes of Intellectual Property Rights (IPR) may look private in nature but they also involve an element of public interest.
Delivering the welcome speech at the “National Seminar on Adjudication of IPR Disputes in India”, Justice Patel said protection of intellectual property does not only include business opportunities but also the sense of mental satisfaction of the creator.
“IPR is not a simple subject, this field is undoubtedly a complex one with no geographical boundaries. Undeniably, the disputes relating to intellectual property may look private in nature but in reality, most of the time, they also involve an element of public interest,” he said.
While Chief Justice of India (CJI) N V Ramana was the chief guest, Finance Minister Nirmala Sitharaman was the guest of honour. Besides, judges of the Supreme Court, the Delhi High Court, various other high courts and district courts, advocates and bureaucrats were also present on the occasion.
Justice Patel said Delhi being the capital of the country has always been a hub of IPR matters and data shows that since 2000, approximately 11,000 IPR cases were filed and around 90 per cent of those have been disposed of till date.
“Because of the enormity of the nature of litigation in Delhi, exceptionally high quality of Bar and deeper appreciation of such matters by our high court, in the times to come, it would be safe to say that the Delhi High Court is having IPR over the subject of IPR,” he said.
Giving a factual background on the issue, Justice Patel said the Intellectual Property Appellate Board (IPAB) was abolished and eventually, the Tribunal Reforms Act, 2021 came into force, which gave the jurisdiction to the high courts to hear appeals originating from the subject.
With the abolition of the IPAB, the jurisdiction of the high courts with regard to IPR has expanded considerably, he said, adding that the Delhi High Court received around 2,500 cases relating to IPR after the abolition of the IPAB, following which the chief justice formed a committee consisting of justices Prathiba M Singh and Sanjeev Narula to devise how the court can handle the IPR matters.
Justice Patel said the committee brought in various sets of draft rules, took inputs from all the stakeholders and thereafter, the rules were notified by the Delhi High Court.
The IP division has already been established in the Delhi High Court and it will deal with all intellectual property cases under one umbrella to maintain consistency in the world of duplicity and multiplicity of proceedings, he added.
Justice Prathiba M Singh, while giving the opening remarks on “Vision of the IP Division”, said a recent trend shows an increase in trademark and copyright cases and that India is the largest generator of creator works due to its diversity.
She said it is a misconception that intellectual property is an elitist field and only meant for rich people, adding that more than 80 per cent of the trademarks filed belong to domestic businesses.
Justice Singh further said since the outbreak of the COVID-19 pandemic, the Delhi High Court has received 300 fresh patent cases and standards of the intellectual property regime show where the country is progressing and that India should strive to improve its systems while improving its social and cultural ethos.
As the pandemic would show, India has affirmed that it has balance in the field of intellectual property and it has not forgotten that IP is for the betterment of the society, she said, adding that IP jurisprudence in India is very rich and the need is to disseminate this jurisprudence globally. PTI SKV RC
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Source: The Print
