In an appeal challenging the order passed by the ld. ADJ-03, Patiala House Courts, New Delhi in the suit bearing TM 1/2022 titled Vishal Pipes Limited v. Bhavya Pipe Industry, a suit seeking permanent injunction against infringement of registered trademark and copyright as also other reliefs for usage of the trademark ‘BPI’, which is stated to be similar to the Plaintiff’s trademark VPL INDIA, the Delhi High Court has issued certain directions for IPR related suits. The following directions are issued:

• Usually, in all IPR cases, the valuation ought to be Rs.3 lakhs and above and proper Court fee would have to be paid accordingly. All IPR suits to be instituted before District Courts, would therefore, first be instituted before the District Judge (Commercial).
• In case of any IPR suits valued below Rs. 3 lakhs, the Commercial Court shall examine the specified value and suit valuation to ensure it is not arbitrary or unreasonable and the suit is not undervalued.
• Upon such examination, the concerned Commercial Court would pass appropriate orders in accordance with law either directing the plaintiff to amend the plaint and pay the requisite Court fee or to proceed with the suit as a non-commercial suit.
• In order to however maintain consistency and clarity in adjudication, even such suits which may be valued below Rs.3 lakhs and continue as non-commercial suits, shall also continue to be listed before the District Judge (Commercial), but may not be subjected to the provisions of the CCA.
• All pending IPR suits before the different District Judges (non-Commercial) in Delhi shall be placed before the concerned District Judges (Commercial) for following the procedure specified above. plaintiffs who wish to amend the Plaint would be permitted to do so in accordance with law.