Patent Cases Pending Before Erstwhile IPAB Reach Delhi High Court, Lawyers Asked To Contact IP Division

Delhi High Court's IP Division has received a total of 401 cases from the erstwhile Intellectual Property Appellate Tribunal, which was abolished by the parliament last year. The court has also received 52 rectification cases from the IPAB, according to a public notice issued by Registrar (Original).

"It is circulated for information of all concerned that consequent upon promulgation of the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 abolishing Intellectual Property Appellate Tribunal (IPAB), the cases filed under The Patent Act pending before the erstwhile IPAB have been received in this Court for adjudication," said the notice.

The I.P. Division administration has asked all the advocates, who are appearing in the cases received from IPAB, to inform through email to its Administrative Officer (Judicial) in case any of the matters mentioned in the list have become infructuous or are to be withdrawn or have been settled. The email address is aoj-ipd@dhc.nic.in.

The notice further said that the advocates may also confirm the receipt of instructions from their respective clients to represent them and intimate the same to the Administrative Officer (Judicial) so that such matters can be listed before the court at an early date.

The I.P Division deals with original proceedings, Writ Petitions (Civil), CMM, RFA, FAO on Intellectual Property Rights disputes, except those required to be dealt with by the Division Bench. The IPD was constituted in July 2021 on the basis of a committee's recommendations constituted by then Chief Justice DN Patel. The committee was constituted to streamline and comprehensively review how a large quantum of IPR cases should be dealt with.

The position earlier was that under the various Intellectual Property related statutes, the IPAB dealt with appeals from the IP offices and matters such as revocation of Trade Marks, Patents, etc. The IPAB was abolished by The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, while having a 'substantial pendency.'

Click Here to Read Public Notice

Click Here to Read the List of IPAB Cases