HC stays transfer of IPR cases of less than Rs one crore

The Delhi High Court in an interim order today directed its registry to not transfer to subordinate courts civil suits pertaining to intellectual property right issues.
A bench of justices G S Sistani and Sangita Dhingra Sehgal issued the direction on a plea by by the Asian Patent Association which has challenged the High Court's November 24 office order by which the cases of value less than Rs one crore were to be transferred.
According to the office order, even cases whose value was more than Rs 1 crore but less than Rs 2 crore and which were not commercial disputes were also to be transferred to the jurisdictional subordinate courts.

Cases in which final judgements have been reserved have been exempted from transfer.
The court has stayed transfer of cases which deal with issues under the Designs Act 2000, the Patents Act 1970, the Copyright Act 1957, the Trade Marks Act 1999 and the Geographical Indications Of Goods (Registration And Protection) Act 1999.
Senior advocate Pratibha M Singh, appearing for the Association, told the court that any suit arising out of the above Acts, if filed on the original side of the High Court, was to be heard and disposed of by the High Court.
Any suit pending in the High Court, even if the value of the same was less than Rs one crore was to be tried by the commercial division of the High Court, she said.

The court will hear the matter on January 19, 2016.