Since 2021, intellectual property disputes before the Delhi High Court have been heard by a dedicated Intellectual Property Division, governed by the Delhi High Court Intellectual Property Rights Division Rules, 2022. Together with the Commercial Courts Act, 2015, these rules shape how an IP case moves from filing to judgment.
Jurisdiction
- Original side: IP suits valued above ₹2 crore are filed in the Delhi High Court and assigned to the IP Division.
- District level: lower-value IP suits are filed before the commercial courts of the district judiciary.
- Revocation, rectification and appeals from the Registrar of Trade Marks, the Controller of Patents and the Copyright Office — earlier heard by the IPAB — now lie with the High Court.
- Territorial jurisdiction in IP suits can rest on where the plaintiff carries on business (Section 134 of the Trade Marks Act and Section 62 of the Copyright Act), as well as where the cause of action arises.
Before filing: pre-institution mediation
Section 12A of the Commercial Courts Act requires parties to attempt mediation before filing a commercial suit, unless the suit contemplates urgent interim relief. The Supreme Court has held the requirement mandatory, and has also allowed courts to examine whether a claim for urgent relief is genuine or merely a device to avoid mediation. In most infringement actions where an injunction is sought immediately, the suit is filed with an application for exemption.
Interim relief
- Interim injunctions under Order XXXIX CPC — often ex parte at the first hearing where delay would defeat the purpose.
- Appointment of local commissioners to visit premises, seize infringing goods and record evidence.
- 'John Doe' (Ashok Kumar) orders against unidentified infringers, commonly used against piracy.
- Dynamic injunctions, first recognised by the Delhi High Court in 2019, allowing a rights-holder to extend a blocking order to mirror and redirect websites without filing a fresh suit; later orders have extended this to 'dynamic+' injunctions covering future content.
- Directions to intermediaries, domain registrars and telecom authorities to block or suspend infringing services.
Timelines and procedure in commercial IP suits
- Written statement: 30 days, extendable to an outer limit of 120 days from service — after which the right to file is forfeited.
- Disclosure and inspection of documents under Order XI as amended for commercial suits, with affidavits of disclosure.
- Case management hearings and fixed schedules for evidence and arguments.
- Summary judgment under Order XIII-A where the defendant has no real prospect of defending the claim.
- Damages and costs, including actual costs, as the Commercial Courts Act encourages.
Appeals
Orders of a single judge of the IP Division, including interim injunction orders, are appealed to a Division Bench of the Delhi High Court, and from there to the Supreme Court.
Frequently asked questions
How quickly can an injunction be obtained in the Delhi High Court?
In urgent cases, an ex parte ad interim injunction can be sought at the first hearing after filing. Whether it is granted depends on the strength of the case, the urgency and the balance of convenience.
What happens if a defendant misses the 120-day deadline for a written statement?
In commercial suits, the courts have held that the 120-day outer limit is mandatory; the defendant loses the right to file a written statement.
Can an interim injunction be challenged?
Yes. The defendant can apply to vacate or modify it under Order XXXIX Rule 4 CPC, or appeal to a Division Bench.
Last reviewed: 2026-10-20. This page gives general information about intellectual property litigation in India. It is not legal advice, and every matter turns on its own facts. References are to the Trade Marks Act, 1999, the Copyright Act, 1957, the Patents Act, 1970, the Commercial Courts Act, 2015 and the Code of Civil Procedure, 1908 (CPC), as applicable.