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May 24, 2021

Summary: Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021

Author: Intern - Merlin Mary Zacharias

The Ministry of Law and Justice on 4th April, 2021 published the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021. The Ordinance amends certain Acts. The Ordinance has abolished Tribunals, Appellate Authority and Intellectual Property Appellate Board (IPAB) under various statutes.

Appeals against orders of the Board of Film Certification under The Cinematograph Act, 1952 will now lie with the High Court instead of the Appellate Tribunal. Similarly, appeals against orders of the Registrar of Copyrights under The Copyright Act, 1957  will no longer lie with the IPAB;  appeals against orders of the Customs Authority for Advance Rulings under the Customs Act, 1962 will no longer lie with Appellate Board;  appeals against orders of the Controller of Patents under Patents Act, 1970,  will no longer lie with the IPAB;  appeals against orders of the Registrar of Trademarks under The Trade Marks Act, 1999, will no longer lie with the IPAB;  appeals from the decision of the Registrar of Geographical Indications will no longer lie with the IPAB and the appeals against The Protection of Plant Varieties and Farmers’ Rights Act, 2001, will no longer lie with the IPAB. Under all these statutes, appeals will now lie with the High Court.

In relation to the Trade Marks Act, 1999, rectification petitions that could earlier be filed before the IPAB are now to be filed before the High Court instead. The Ordinance provides that even pending proceedings, appeals as well as rectifications, shall stand transferred from the concerned specialized Tribunal/IPAB to the High Court. The High Court will decide whether to pick up any proceeding from the stage at which it was at immediately before being transferred from the specialized Tribunal/IPAB or whether to pick it up from such earlier stage that it deems fit.

The Ordinance also deals with certain other aspects. Under the Copyrights Act, 1957, the Commercial Courts including the Commercial Division of the High Court are now empowered to determine whether a work has been published earlier. The Commercial Courts are also empowered to determine disputes with respect to assignment of Copyright. Prior to the Ordinance both these powers were vested in the Intellectual Property Appellate Board (IPAB). 

The Ordinance can be accessed at:  https://copyright.gov.in/Documents/Pdf/Tribunals_Reforms__Rationalisation_And_Conditions_Of_Service__Ordinance__2021.pdf 

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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