The Calcutta High Court has established its Intellectual Property Rights Division (IPRD) and Intellectual Property Rights Appellate Division (IPRAD), marking an advancement in Intellectual Property law. This development, marked by a gazette notification dated September 20, 2024, which notified the Intellectual Property Rights Division Rules, 2023, adds Calcutta High Court to the list of those (Delhi, Madras and Himachal Pradesh) already engaged in implementing specialised regulations for Intellectual Property (IP) matters in India.

Establishment of IPRD and IPRAD

Having commenced operations from November 4, 2024, the newly constituted divisions are designed to govern matters related to practice and procedure for the exercise of ordinary original, appellate and writ jurisdiction, and for other miscellaneous petitions arising out of IP subject matter and related statutes, including anything arising out of common law. The IPRD will inter alia focus on first-instance cases, and the IPRAD will deal with appeals arising from IPRD decisions. This dual division structure aims to streamline the adjudication process for IP disputes, ensuring efficient handling of cases that often involve complex legal and technical issues.

Justice Soumen Sen and Justice Biswaroop Chowdhury have been appointed to preside over the Division Bench for appeals and applications related to IP rights. Additionally, two single-judge benches will also address IP matters. Justice Ravi Krishan Kapur will oversee proceedings instituted from 2020 onwards, and Justice Krishna Rao will manage those filed up to 2019. This structured approach is expected to facilitate quicker resolution and enhance the overall efficiency of IP litigation in Kolkata.

Key Features of Calcutta’s IPRD Rules

The IP Rights Division Rules, 2023, have introduced several noteworthy features:

• Accessibility: Provisions for reasonable accommodations for persons with disabilities are included, aligning with the Rights of Persons with Disabilities Act, 2016.

• Electronic Filing: All pleadings and documents must be filed electronically in a PDF format with optical character recognition (OCR) enabled.

• Court Fees: The rules prescribe lower fees compared to the IP Divisions established by the High Courts of Delhi and Madras.

• Structured Timelines: Curated timelines for various proceedings are provided to expedite case resolution.

• Specialised Judges: Judges appointed to these divisions are expected to have experience and vast knowledge in dealing with IP matters.

Historical Context and Legislative Framework

The establishment of specialised IP divisions in Indian High Courts follows the dissolution of the Intellectual Property Appellate Board (IPAB) on August 14, 2021, when the President of India gave his assent to the Tribunals Reforms Act, 2021. This Act transferred jurisdiction pertaining to IP matters back to High Courts and commercial courts, necessitating a framework that could effectively manage these cases.

Delhi High Court

The Delhi High Court was the first to create an IP Division in July 2021, with the IP Division Rules, 2022, notified on February 24, 2022. The rules were framed by a committee comprising Justice Pratibha M. Singh and Justice Sanjeev Narula, who took into consideration various concerns raised by IP practitioners. The Delhi IP Division covers all IP-related proceedings, except those reserved for a Division Bench under the Commercial Courts Act, 2015.

Madras High Court

Following Delhi’s lead, the Madras High Court established its own IP Division through a gazette notification on April 5, 2023, as per the Hon’ble Court’s direction to notify the inauguration of the IP Division in Galatea Limited v. Registrar General in March, 2023[1].

The Madras High Court Intellectual Property Rights Division Rules, 2022, were formulated based on recommendations from a committee comprising distinguished judges and practitioners from the IP fraternity in Chennai. The Madras IP Division is presided by a Single Judge Bench. A Division Bench is constituted for appeals, arising under Section 13 of the Commercial Courts Act, 2015. The establishment of the IP Division of the Hon’ble High Court of Madras came as a relief for over 2,000 pending cases that were transferred from the IPAB to the Hon’ble Court, reassuring expedited and effective disposal of such cases.

Himachal Pradesh High Court

The Himachal Pradesh High Court too has recently added itself to the list of Courts with a separate IPR Division, after notifying the Intellectual Property Rights Division Rules, 2022, on July 8, 2024. The rules appear to have been inspired from the Delhi High Court IP Division Rules as the provisions are similar.

Implications for Future Litigation

The creation of these specialised divisions is anticipated to lead to faster disposal of cases and improved engagement with subject matter experts during adjudication. By adopting a more structured approach, the Calcutta High Court aims to improve its ability to address nuanced and technical subjects related to IP rights and apply a modernised approach in their resolution.

Other High Courts across India are also exploring similar initiatives. For instance, the Karnataka High Court has formed a sub-committee to draft rules for establishing an IP Division, as of June 20, 2024. Additionally, the Gujarat High Court has begun assigning IP specific cases to certified benches on a non-exclusive basis.

Conclusion

The establishment of the IPRD and IPRAD at the Calcutta High Court marks a pivotal step in India’s approach to governing IP law. It reflects a broader commitment within the judiciary to provide specialised and efficient resolution mechanisms for IP disputes. As practitioners in this field, we welcome these developments as they promise not only expedited processes, but also enhanced expertise in adjudicating complex IP issues.

Cyril Amarchand Mangaldas, within our knowledge, was the first to file an appeal before the newly-constituted IP Rights Division of the Calcutta High Court. We are excited about this opportunity to contribute to shaping the future landscape of IP rights in India, along with assisting our clients in safeguarding their rights.

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[1] W.P.Nos.4122, 4124 and 4129 of 2023