Madras High Court Notifies Intellectual Property Rights Division Rules 2022
By way of a gazette notification issued on April 5th, the Madras High Court has notified the Madras High Court Intellectual Property Rights Division Rules, 2022. The Rules shall come into force on such date as notified by the High Court.The rules have been framed by the High Court by way of the powers vested in it under Section 129 of the Code of Civil Procedure 1908 and Clauses 37 and 38 of...
By way of a gazette notification issued on April 5th, the Madras High Court has notified the Madras High Court Intellectual Property Rights Division Rules, 2022. The Rules shall come into force on such date as notified by the High Court.
The rules have been framed by the High Court by way of the powers vested in it under Section 129 of the Code of Civil Procedure 1908 and Clauses 37 and 38 of the Letters Patent 1865.
After the enactment of the Tribunal Reforms Act 2021, the Intellectual Property Appellate Tribunal was abolished. Following this, its functions were assigned to the country’s commercial courts and the High Courts.
The High Court of Madras then constituted the Intellectual Property Committee to formulate the procedures concerned. Upon the recommendation of the Committee, the High Court decided to create the Intellectual Property Division (IPD) in the High Court to deal with all the matters relating to Intellectual Property Rights.
Recently, while hearing M/s Galatea Limited's plea to frame and implement appropriate rules for transferring cases pending before the IPAB to the High Court, the court was informed that the Registry was awaiting notification from the State government and that the Registry was prepared to inaugurate the Intellectual Property Division within a week when such notification comes up. The court had then directed the State government to notify the inauguration of its Intellectual Property Division.
Following this, the State has now notified the Rules which also provides for setting up of the Intellectual Property Division.
The Rules will cover all intellectual property disputes arising out of The Trade Marks Act, 1999; The Copyright Act, 1957; The Patents Act, 1970; The Designs Act, 2000; The Geographical Indications of Goods (Registration and Protection) Act, 1999; The Protection of Plant Varieties and Farmers’ Rights Act, 2001; The Semiconductor Integrated Circuits Layout-Design Act, 2000 and the Information Technology Act 200.
As per Section 7 of the Rules, Intellectual Property Rights Disputes shall include all civil disputes -
(i) pertaining to Patents, Copyrights, Trademarks, Geographical Indications, Plant Varieties, Designs, Semiconductor integrated circuit layout-designs, Traditional Knowledge and all rights under common law, if any, associated therewith;
(ii) relating to passing off, acts of unfair competition, disparagement, comparative advertising etc.;
(iii) relating to protection of trade secrets, confidential information and related cases or proceedings;
(iv) including tortious actions related to privacy and publicity rights involving intellectual property issues;
(v) data exclusivity, domain names and other matters relating to data protection involving intellectual property issues, as also those arising under the Acts as defined in Rule 2(1) including appeals arising out of Sec. 62 of the Information Technology Act, 2000;
(vi) Including internet violations and any other proceeding pertaining, relating, incidental, ancillary to any of the subject matters under clauses (i) through (v) above.
(vii) Including any challenge to the order passed under Sec. 11 of the Customs Act,1962 and related notifications
However, it has also been specified that the Rules will not be applicable to criminal proceedings under the Act and petitions challenging the validity of any provision of the Law or any other pleas in the nature of Public Interest Litigation.