The Intellectual Property Appellate Board (IPAB) was abolished by The Tribunal Reforms Act, 2021 (Act) and the Ordinance , with effect from April, 2021.
The jurisdiction to hear all appeals from the various Intellectual Property offices (IPOs), as also original proceedings, now vests with the High Courts.
In the background of abolition of IPAB, the Delhi High Court expects at least 5,000 case pendency relating to IPR subject matter which includes cases to be transferred from the IPAB.
The Chief Justice of the Delhi High Court Justice DN Patel constituted a Committee of Justice Prathiba M Singh and Justice Sanjeev Narula to review the manner in which litigation relating to intellectual property rights were to be handled in the Delhi High Court.
The Chief Justice also constituted a committee which consisted of Justice Prathiba M. Singh, Justice Navin Chawla and Justice Sanjeev Narula for drafting of rules governing patent suit and actions.
Based on the recommendations of the Committee, the Chief Justice of Delhi High Court announced the establishment of the Intellectual Property Division (IPD) in July 2021. The said IPD would be dealing with all IP cases under one umbrella so as to maintain consistency and clarity, and to avoid duplication and multiplicity of proceedings. The High Court has also framed Rules for the working of the IPD.
Source: Barandbench
