Section 2 in Delhi High Court Intellectual Property Rights Division Rules, 2022
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, 2000dealing 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.
