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Monday, July 23, 2018

Stay on transfer of IPR cases to district courts

The Asian Patents Attorney's Association in a plea filed before the high court however has argued that cases arising out of the statutes relating to IPR were "protected" under the Commercial Courts Ordinance 2015.

Written by Aneesha Mathur | New Delhi | Published: December 4, 2015 1:37:25 am

The Delhi High court on Thursday issued a stay on the transfer of cases relating to Intellectual property rights valued at less than Rs 1 crore, to the district courts.

The Delhi High Court registry had started transferring all cases valued at less than Rs 2 crore to the district courts after the amendment in the Delhi High Court Act and the Commercial Courts Ordinance that had created Commercial courts and Commercial Appellate benches in the high courts in the country.

The Asian Patents Attorney’s Association in a plea filed before the high court however has argued that cases arising out of the statutes relating to IPR were “protected” under the Commercial Courts Ordinance 2015.

APAA submitted in its petition that the “specified value” of IPR matters have to be ascertained on the basis of the IPR involved and an opportunity ought to be given to the IPR owners to amend the valuation.

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