Madras High Court's Intellectual Property Division and IPR Division Decide On Licensed Patents and Copyrights Cases
Let's Get Down to Business: Madras High Court's New Intellectual Property Division
The Madras High Court has taken a significant stride forward in the realm of Intellectual Property Rights (IPR) adjudication by establishing an Intellectual Property Division (IPD). This move makes the Madras High Court the second in the nation, following Delhi High Court, to have an IPD. The rules governing this newly created division were published in the Tamil Nadu Government Gazette on April 5, 2023.
The Draft IPR Division Rules were prepared and approved by the Court on July 7, 2022. However, it took a considerable amount of time for the State Government to issue the long-awaited notification in the Gazette. But finally, after the Court's intervention, the State Government made it official.
The IPD of the Madras High Court will be presided over by a Single Judge or a Division Bench, as the situation demands. This division is all set to process and hear all IPR matters, including Civil suits, Original Revocation or Cancellation petitions, Arbitration proceedings, Appeals, Writs, and all pending proceedings filed before the erstwhile Intellectual Property Appellate Board (IPAB). Cases transferred to the Madras High Court from the IPAB will be renumbered and listed before the IPD without charging any fresh or additional court fees.
Over 2000 cases have already been transferred from the IPAB to the Madras High Court after its abolition. The IPD is expected to dispose of these cases at a rapid pace, considering the time-sensitive nature of most IPR matters.
The establishment of the Madras High Court IPD promises speedy and effective adjudications, particularly for Appellants who have been eagerly waiting for the listing of their cases that were filed before the erstwhile IPAB.
Insights:
- Specialized Expertise: The IPD is a specialized division dedicated solely to IPR disputes, enabling judges to build deeper expertise in this domain.
- Commercial Orientation: The division is capable of handling complex commercial disputes, including those involving arbitration and contractual assignments, which frequently intersect with IP matters.
- Rules and Procedures: The division operates under specific rules designed to streamline litigation, minimize delays, and enhance efficiency in handling IP cases.
- Impact on IPR Landscape: The IPD's work contributes to legal certainty, improved expertise, and faster resolution of IPR disputes, enhancing the overall IPR ecosystem in the country.
- Policy Influence: The decisions from the IPD are influential in shaping IP policy, with the division providing valuable feedback on emerging trends, such as those related to artificial intelligence and copyright.
In the Madras High Court's Intellectual Property Division (IPD), the presiding judge will handle various IPR matters, including civil suits, appeals, and writs, aiming to dispose of over 2000 transferred cases swiftly. The establishment of this division, which follows the Delhi High Court, is beneficial to finance-bound Appellants as it eliminates the need for fresh court fees for cases transferred from the Intellectual Property Appellate Board (IPAB). This division's commercial orientation allows for the resolution of complex financing, arbitration, and contractual assignment issues that intersect with IP rights.
