Legal Document View

Unlock Advanced Research with PRISMAI

Integrated with over 4 crore judgments and laws — designed for legal practitioners, researchers, students and institutions

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0] [Entire Act]

NCT Delhi - Section

Section 6 in Delhi High Court Intellectual Property Rights Division Rules, 2022

6. Procedure for Appeals

(i)Appeals under Rule 2(d) of the present rules before the IPD shall be filed in the formats/forms
prescribed in Schedule I, within the period of limitation as prescribed in the respective Act(s) alongwith the requisite Court fees as prescribed in Schedule II.
(ii)Appeals shall consist of the memorandum of parties, synopsis, list of dates, a brief memorandum of
appeal, grounds of challenge in the appeal, the order impugned and affidavit of Appellant filing theAppeal along with other details as required in the Form applicable. The Appellant shall disclose thedetails of any prior litigation pending between the parties with respect to the subject matter in dispute.
(iii)All relevant forms, correspondence and other relevant documents forming part of the record of the
IPO shall ordinarily accompany the appeal.
(iv)Documents that are not part of the record of the IPO shall generally not be accepted by the IPD except
with the leave of the Court.
(v)Memorandum of appeal shall specify as to whether the documents being filed are part of the record of
the IPO and if any additional documents are being filed, the details and relevance thereof shall bespecified. Such documents shall be accompanied with an application seeking leave of the Court, inwhich case principles akin to Order XLI Rule 27 of the Code of Civil Procedure, 1908 would apply.
(vi)No evidence shall be recorded in Appeals unless the Court deems it necessary. However, the IPD may
direct the appearance of any witness, who has deposed before the IPO for the purpose of seeking anyclarification.
(vii)In all Appeals, all the contesting parties before the IPO shall be impleaded as Respondents. The
respective IPO shall also be impleaded as a Respondent.
(viii)Filing of a reply, in an appeal, would be only upon specific directions of the Court, if the need arises.
The opposite party shall, however, during the course of hearing or otherwise, be entitled to producecopies of any relevant record intended to be relied upon.
(ix)Reply, if so directed, shall be filed within the period prescribed by the Court or within 60 days from
the date on which the Court directs the filing of such Reply.
(x)Rejoinder to the reply, if so directed, shall be filed within the period prescribed by the Court or within