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Writ petition filed against transfer of IP cases


We recently carried a post on the Draft Trademark Rules (Amendment) 2015 here. While the rules are still in a draft stage and open to comments, we are given to believe that a writ petition has been filed against these draft rules before the Delhi High Court in WP 11043/2015. No interim orders have been passed as yet. We would appreciate if our readers could share a copy of the petition with us.

[Clarification: This is to clarify that the writ petition before the Delhi High Court no. 11043/2015 challenges the Delhi High Court’s notification 24.11.2015 directing the transfer of all pending cases of up to value of Rs 1 crore to subordinate courts. The Asian Patent Association (India Group) has asked for a stay on the transfer of IP cases. As Legally India reports, the writ petition challenges this order of the High Court registry as illegal and arbitrary as IPR cases do not mention the value of the intangible asset but only specify the value of relief. Therefore, since ‘relief’ is different from ‘specified value’, the registry cannot compute ‘specified value’.

This writ petition is not with regard to a challenge of the draft trademark rules.]
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Aparajita Lath

Aparajita graduated from the WB National University of Juridical Sciences, Kolkata. She was formerly an editor of the NUJS Law Review. She is a lawyer based in Bangalore. All views expressed by her on the blog are her personal views.

3 comments.

  1. AvatarMANCHANDA

    please note that there is no writ pending before Delhi High Court challenging the Trade Mark Draft Rules 2015 and the writ petition no. 11043 of 2015 is challenging the Delhi High Court`s notification dated 24.11.2015 for transfer of cases from Delhi High Court to Distt. Court.

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