From IPAB to IPD: Navigating Jurisdiction in Writ Petitions Against Pre-IPAB Abolition Orders

Intellectual Property By 0

High Court of Delhi holds that writ petitions challenging pre-abolition orders of the Intellectual Property Appellate Board (IPAB) on trademark matters are to be heard by a Single Judge of the Intellectual Property Division (IPD), as per IPD Rules, 2021, unless falling under specific Division Bench exceptions in Delhi High Court Rules; rejects mandatory Division Bench listing, treating such petitions as original IPD proceedings for efficient adjudication post-IPAB dissolution.

Retrospectivity Denied: Delhi High Court’s Stance on the Commercial Courts Amendment Act, 2018

Civil Law By 0

The Delhi High Court held that the Commercial Courts (Amendment) Act, 2018, reducing the specified value for commercial disputes to Rs. 3 lakhs, applies prospectively only to suits filed on or after May 3, 2018, and does not permit retrospective transfers of pre-2018 suits under Section 15 of the 2015 Act, preserving vested rights and avoiding administrative burdens.