Madras High Court of India announced the establishment of a new IP Division following Delhi High CourtAAA IPRIGHT2
Following the establishment of the IP Division in the Delhi High Court and the recent IP Division in the Madras High Court of India, many experts expected other areas in India to follow suit, establish more specialized IP Division, for example the Bombay, Calcutta, Karnataka High Court.
In July 2021, the Delhi High Court in India established a dedicated Intellectual Property (IP) Division to hear and decide IP-related disputes. The establishment of this division was a significant development in India’s legal landscape, as it was the first time that a specialized court had been set up to deal exclusively with IP cases.
The IP Division was created to address the growing number of IP disputes in India, which had been increasing in volume and complexity in recent years. Prior to the establishment of the division, IP cases were heard by general courts, which often lacked the specialized expertise and resources needed to handle complex IP issues.
The IP Division of the Delhi High Court is staffed by judges with expertise in IP law, and has access to specialized resources such as technical experts and patent examiners. The division is empowered to hear a wide range of IP disputes, including cases related to patents, trademarks, copyrights, and designs.
The establishment of the IP Division was welcomed by many IP stakeholders in India, who hoped that it would help to improve the quality and efficiency of IP-related dispute resolution in the country. By providing a specialized forum for IP cases, the division is expected to reduce the backlog of cases in general courts and to provide more consistent and predictable outcomes in IP disputes.
With already over 2,500 pending commercial cases, the Delhi High Court’s workload received an additional 3,000 IP cases from the IPAB after it was abolished.
Overall, the establishment of the IP Division of the Delhi High Court represents an important step forward for IP protection and enforcement in India, and is likely to have a positive impact on the country’s innovation and creative industries.
Madras High Court of India announced the establishment of a new IP Division
Although the establishment of the IP Division in Delhi has proved to be a great success after over a year since operation (February 2022), it is just a singular high court in the total of 25 High Court in India. Therefore, the area that the impact from such establishment is still limited, mainly effecting the area of Delhi.
With the overwhelming population, soon to be the most populated country in the world, the number of IP applications is still high in general. To solve this matter and allow other applications to be processed quicker, it is necessary to impose other IP Divisions in other 23 areas of High Court in India, beside Delhi and Madras.
With the application of the IPD at the Delhi High Court in practice and the implementation of the IPD at the Madras High Court, it is now critical that courts in other jurisdictions adopt these measures to ensure the speedy disposal and resolution of ongoing IP issues.
The delay in resolving disputes by the Intellectual Property Appellate Board (IPAB) was one of the principal reasons for its abolition, and the chair of the chairman and other technical members sat vacant for years. With this repeal, all pending IPAB cases were transferred to the respective High Courts, which were already dealing with significant backlog difficulties.
The IP Divisions are viewed as an effective replacement method to the traditional IPAB which has left unfathomable consequences for India’s legal system.
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