The court ruled on the consolidation of related intellectual property proceedings under Rule 26 of the Delhi High Court Intellectual Property Rights Division Rules, 2022.

1. Learned counsel appearing for the petitioner submits that the present petition has been erroneously listed before this Bench as the Registry has construed the order dated 15.01.2024 to mean that the petition was required to be placed before the Division Bench. However, the Court had directed that the matter is required to be placed before the Intellectual Division (IPD) Bench.

2. Learned counsel has also referred to the Rule 26 of The Delhi High Court Intellectual Property Rights Division Rules, 2022. The said rule is set out below:

• “26. Consolidation of IPR subject matters or cases or proceedings or disputes.

• Where there are multiple proceedings relating to the same or related IPR subject matter, irrespective of whether the said proceedings are between the same parties or not, the Court shall have the power and the discretion, wherever appropriate, to direct consolidation of proceedings, hearings, and also to direct consolidated recording of evidence/common trial and consolidated adjudication. If the Court is of the opinion that any matter pending before a Commercial Court is to be consolidated with a matter pending before the IPD, it may exercise powers of transfer under Section 24, Code of Civil Procedure, 1908 for transfer and consolidation of such matter to itself.”

3. In view of the above, the present petition seeks transfer of cases pending before the learned Commercial Court to the connected actions pending before the IPD.

4. Accordingly, let the present petition be placed before the IPD Bench of this Court on 24.04.2024, subject to the orders of Hon’ble the Acting Chief Justice.