The Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021, which the President of India proclaimed and notified on April 4, 2021, abolished numerous Boards and Appellate Tribunals, including IPAB (Intellectual Property Appellate Tribunal).
As noted, the IPAB was specifically established to deal with intellectual property matters. Following the dissolution of the IPAB, all proceedings that used to take place in the IPAB have now been transferred to the high court. As a result of the dissolution of the IPAB, the biggest question that has been raised is whether the High Court will be able to efficiently dissolve the IP cases given the large number of IP cases that will now fall on their shoulders. The Hon’ble Delhi High Court addressed the issue and provided a solution to such concerns and fears.
INTELLECTUAL PROPERTY DIVISION (IPD) OF DELHI HIGH COURT
By Office Order dated 7 July 2021, the Registrar General of the Delhi High Court established an Intellectual Property Division (‘IPD’) at the High Court to deal with Intellectual Property Rights.
The said Intellectual Property Division, besides dealing with the original side matters, shall also deal with the Writ Petitions (Civil), CMM, RFA, FAO relating to Intellectual Property Rights disputes, except those cases which are to be dealt by the Division Bench of this Hon’ble Court (under the Commercial Courts Act).
According to a statement issued by the high court, IPD benches will be notified from time to time by the Chief Justice, and exclusive IPD benches are also likely to be established to deal with such matters.
– All original proceedings and appellate proceedings, including Writ Petitions (Civil), Civil Misc. (Mains), RFA, FAO, etc., relating to IPR disputes, except matters to be dealt with by a Division Bench.
– The IPD would also deal with all fresh filings in the various IPR categories.
– IPR suits, revocation applications, cancellation applications, other original proceedings, appeals from the office of Registrar of Trade Marks, Controller of Patents, Copyright Registrar, and all other proceedings which were hitherto maintainable before the IPAB, under the provisions of the Trade Marks Act, 1999; Copyright Act, 1957; Patents Act, 1970; Designs Act, 2000; Geographical Indications of Goods (Registration and Protection) Act, 1999; Protection of Plant Varieties and Farmers’ Rights Act, 2001 and Semiconductor Act 2000.
IP CASES PENDING BEFORE THE IPAB
Until date, no public data on the number and status of cases transferred from the IPAB to each High Court was accessible. Approximately 3000 cases have been transferred from the erstwhile IPAB to the Hon’ble Delhi High Court, according to a news release issued by the Delhi High Court on July 6.
The Delhi High Court already handles various IPR cases as a court of original civil jurisdiction, including civil claims for violation of trademarks, copyright, patents, and designs and writ petitions, revision petitions, and appeals.
CONCLUSION
Intellectual Property Divisions of Courts, which deal solely with IP matters, are not a new notion; in fact, they exist in several jurisdictions. However, no such division has ever existed in India. Hence the High Courts of India are in uncharted territory. Thus, the establishment of an Intellectual Property Division that only deals with all types of IP disputes is a critical step for the Hon’ble Delhi High Court and one that is consistent with global trends.