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NCT Delhi - Section

Section 18 in Delhi High Court Intellectual Property Rights Division Rules, 2022

18. Preservation of Evidence by parties

(i)Upon initiating, or receiving notice about the institution of, proceedings before the IPD, the parties to
the proceedings shall preserve all documentary, tangible and electronic material relating to the subjectmatter of the proceedings which is capable of being relied upon as evidence;
(ii)Prior to the initiation of proceedings, a party may issue a Litigation Hold Notice (LHN) to such other
party(ies) against whom proceedings are sought to be initiated. The recipient of such LHN shall, uponbeing duly served, be bound to preserve all documentary, tangible and electronic material relating tothe subject matter of the proceedings which is capable of being relied upon as evidenceProvided that, the party issuing the LHN is expected to commence litigation within a reasonable time,not exceeding one year from the date of the LHN, beyond which such obligation to preserve evidencewould cease to apply.
(iii)Such material shall be preserved from the date on which the obligation to preserve such material arose
under clause (i) or (ii) above, and in a manner so as to ensure that the same is not editable or cannot betampered with;
(iv)Such material shall be preserved for the duration of the litigation, including appellate proceedings, if
any. In the event no appeal has been filed, the parties shall be at liberty to freely deal with suchmaterial only upon the completion of six (6) months from the date of closure of the originalproceedings;
(v)In addition to remedies under civil and criminal law, failure to comply with this Rule would be liable
to be penalized with costs as determined by the Court.Explanation:For the purpose of Rule 18, documentary, tangible and electronic material to be preserved shallinclude documents in tangible or electronic form including letters, memos, internal and externalcorrespondence, graphic representations of any kind, images, sounds, and data stored in any mediumrelating to the subject matter of the proceedings.