Delhi High Court - Orders
Quantum University vs International Quantum University For ... on 11 July, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ O.M.P. (COMM) 260/2021 & I.A. 11042/2021
QUANTUM UNIVERSITY ..... Petitioner
Through: Mr. Samaksh Goyal, Advocate.
(M:9560028080)
versus
INTERNATIONAL QUANTUM UNIVERSITY FOR
INTEGRATIVE MEDICINE INC ..... Respondent
Through: Mr. Sudhir K. Makkar, Senior
Advocate with Ms. Veronica Mohan,
Dr. Keerti Gupta, Ms. Deepika Gupta,
Ms. Veera Mathai and Mr. Amit
Yadav, Advocates. (M:9811055898)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 11.07.2022
1. The present petition has been received on transfer being a petition under Section 34 of the Arbitration and Conciliation Act, 1996. The challenge is to an award passed by the Sole Arbitrator, National Internet Exchange of India in respect of a dispute concerning the domain name, i.e., "quantumuniversity.edu.in".
2. It is clear that since domain name disputes are IPR matters, such matters would be entertained and heard before the IP Division, in terms of Rule 2(i) of the IPD Rules read with Rules 2(l), 2(o) and 3. The relevant extracts of the said rules read as under:
"2. Definitions-In these Rules, unless the context otherwise requires ...
(i) Intellectual Property Rights (IPR) subject Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:13.07.2022 14:07:28 matter" for the purpose of these Rules, shall include:
...
(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. ...
(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:
...
(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 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:13.07.2022 14:07:28 are to be dealt with by a Division Bench;
...
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."
3. Therefore, the present dispute has been listed before the IPD.
4. Ld. counsel for the Petitioner assures the Court that the domain name "quantumuniversity.edu.in" shall continue to be used and owned by the Petitioner and that there is no intention to transfer it to any third party.
5. Accordingly, list this matter for final hearing on 21st September, 2022
6. In the meantime, since the matter is listed for final hearing, the stay application being I.A.11042/2021 is disposed of. However, it is made clear that if the matter is not heard expeditiously, the Defendant is permitted to move an appropriate application seeking vacation of stay.
PRATHIBA M. SINGH, J.
JULY 11, 2022 dj/ms Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:13.07.2022 14:07:28