IPRMENTLAW WEEKLY HIGHLIGHTS (OCTOBER 3-10)

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Delhi High Court invites comments from the Bar on draft Delhi High Court Intellectual Property Rights Division Rules, 2021

The Delhi High Court has framed the draft Delhi High Court Intellectual Property Rights Division Rules, 2021 and has invited comments on it from the Bar. The said Rules were framed by a two-member committee comprising of Justice Sanjeev Narula and Justice Pratibha M. Singh, constituted by Justice DN Patel, Chief Justice of Delhi High Court. The aim of the said rules is to examine the creation of an Intellectual Property Division in the Delhi High Court which shall deal solely with cases concerning Intellectual Property issues..

The decision to create a new division in the High Court was taken in furtherance of passing of the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 which abolished the Intellectual Property Appellate Board. This would lead in transfer of cases from the IPAB to the High Court which is approximately 3000 in number. The new division would deal not only with original proceedings, but also with Writ Petitions (Civil), CMM, RFA, FAO relating to Intellectual Property Rights disputes. The motive behind creating a new division is to avoid multiplicity of proceedings and to avoid conflicting decisions.

The comments have to be provided within two weeks.

Read draft Rules here.

Centre seeks inputs on IPR from industry for India-UAE free trade pact

The India-UAE free trade pact, which is to be signed by earlier next year, the Department of Policy for Investment and Internal Trade (DPIIT) has sought suggestions from industry bodies and other stakeholders that would ease up doing business for Indians in the UAE.

The DPIIT in its communication to stakeholders said “In this agreement, IPR plays a crucial role as it would be of significant importance to IP-intensive industries, both creative and technology driven.”

The suggestions have to be provided regarding the specific areas of concern such as filing, registration, enforcement or commercialization of IP rights in UAE. The stakeholders also have to provide the levels at which they face challenges, for instance, at IP offices, enforcement agencies or any other government agency.

Karnataka ban on online betting games comes into force

The Karnataka Government notified the Karnataka Police (Amendment) Act, 2021, which seeks to ban all formats of online games that includes wagering, betting and gambling of all nature and forms in the state. The said act received the governor’s assent after it was passed in both the Houses last month.

With its coming into force, the amended Act makes online gaming a non-bailable offence with imprisonment of up to 3 years and with fines of up to Rs. 1 lakhs.

Mobile Premier League blocks its users in Karnataka

Mobile Premier League was one of the first companies to block access to its users in Karnataka the day after the Karnataka Police (Amendment) Act, 2021 came into force in the state. MPL’s gaming app showed messages to its users in Karnataka which said “Sorry! The law in your state does not permit you to play Fantasy Sports.”

FIR against Dream 11 founder after Karnataka gaming ban

Annapoorneshwaringar Police in West Bengaluru has lodged an FIR against the founder of Dream 11, Harsh Jain and Bhavit Sheth alleging that they have violated the new law banning wagering and betting on online games in the state.

The complainant said that he checked on Google Play that whether online gaming apps were available in Karnataka after the law came into force. He found that no other gaming apps were available other than Dream 11.

After the FIR was filed, Dream 11 has blocked access to its users in Karnataka.

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