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Small IP cases to bypass Delhi HC's small case transfer process to district courts

Intellectual property cases are exempt from the recently initiatiated process of transfer of small cases from the Delhi high court to Delhi’s district courts, reported Mint.

Delhi high court justices GS Sistani and SD Sehgal gave a temporary order in favour of the Asian Patent Association, which had filed a [petition in the high court on 27 November, arguing thatintellectual property was an intangible asset whose value is not recorded in suits and should go to commercial courts even when they are valued at Rs 20 lakhs.

Therefore now despite the 24 November Delhi high court order to transfer all its cases which are valued at less than Rs 1 crore, to Delhi’s district courts, the IP cases will for the time being remain with the high court. The next date of hearing in APA’s case is 19 December.

The order is likely to be replaced by a law in the winter session of Parliament, added the Mint report.

Delhi’s district courts won the pecuniary jurisdiction tug of war with the Delhi high court this year.

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