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August 21, 2021

Comment: ‘Will The Intellectual Property Division Be A Suitable Replacement For The IPAB?

Author: Intern - Darshin Parekh

The Tribunal Reforms (Rationalization and Conditions of Service) Ordinance 2021 (‘Ordinance’), on April 04, 2021, decided to abolish the Intellectual Property Appellate Board (‘IPAB’) on account of its incapability to timely delivery justice and reduce the burden on the exchequer. Pursuant to this decision, the Delhi High Court decided to set up a separate Intellectual Property Division (‘IPD’) that aims at resolving IP related matters. The author is of the opinion that the Intellectual Property Division will be able to efficiently resolve the problems for adjudicating IP disputes that were initially posed before the IPAB.

While the IPAB was a step in the right direction, it does not go far enough in terms of creating a robust framework for cultivating expertise from specialized personnel. Neither did it ensure that these judges experience a wide range of legal issues that would enlarge their vision and pave the way for a more holistic IP jurisprudence that can create a balance between private IP rights and interest of the public. Therefore, the creation of an Intellectual Property Division by the Delhi High Court is a first of its kind and has paved the way for quicker and effective settlement of the pending IP disputes.

Specialized IP Law bench is not a novel concept and it has been in existence across various other jurisdictions as well. The United Kingdom was one of the first such countries which established the Intellectual Property Enterprise Court (IPEC) in 2010. USA and Canada don’t have a separate tribunal or division for adjudicating IP disputes, but generally such matters are presided over by judges who have significant experience in the field. Hence Federal courts generally preside over the matters relating to IP. The IPD is in line with the international trend and serves a similar purpose.

IPD will streamline the adjudication of IP related matters by the Hon’ble High Court, thereby also reducing burden on the courts and will allow for a quicker adjudication process. It will also provide litigants to have their matter heard by judges who are considered as experts of IP adjudication. The Delhi High Court is already in the process of laying down comprehensive rules for the Intellectual Property Division. This certainly gives hope to litigants in these times of increasing commercial significance of intellectual property rights. Hence, IPD can be considered as an effective alternative to the IPAB.

Disclaimer: Views, opinions, interpretations are solely those of the author, not of the firm (ALG India Law Offices LLP) nor reflective thereof. Author submissions are not checked for plagiarism or any other aspect before being posted.

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