We recently carried a post on the Draft Trademark Rules (Amendment) 2015 here. While the rules are still in a draft stage and open to comments, we are given to believe that a writ petition has been filed against these draft rules before the Delhi High Court in WP 11043/2015. No interim orders have been passed as yet. We would appreciate if our readers could share a copy of the petition with us.
[Clarification: This is to clarify that the writ petition before the Delhi High Court no. 11043/2015 challenges the Delhi High Court’s notification 24.11.2015 directing the transfer of all pending cases of up to value of Rs 1 crore to subordinate courts. The Asian Patent Association (India Group) has asked for a stay on the transfer of IP cases. As Legally India reports, the writ petition challenges this order of the High Court registry as illegal and arbitrary as IPR cases do not mention the value of the intangible asset but only specify the value of relief. Therefore, since ‘relief’ is different from ‘specified value’, the registry cannot compute ‘specified value’.