The Tamil Nadu government has notified the Madras High Court Intellectual Property Rights Division Rules, 2022 in the official gazette..The Rules were formed by the Madras High Court to govern matters listed before its Intellectual Property Rights Division (IPD). They lay out the practice and procedure for the exercise of the Court's ordinary original, appellate, criminal and writ jurisdiction.The High Court Registry said that the Intellectual Property Division of the Madras High Court will be inaugurated next week..The IPD is a specialised division set up to exclusively adjudicate matters pertaining to intellectual property rights, following the the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 that abolished the Intellectual Property Appellate Board (IPAB) in April 2021. Following such ordinance, all matters pending before the IPAB were to be transferred to the respective High Courts.For the purposes of the Rules, the statutes that will be dealt with by the IPDD include 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 and The Semiconductor Integrated Circuits Layout Design Act, 2000..In February this year, a Bench of Acting Chief Justice T Raja and Justice D Bharatha Chakravarthy said that the government has been sitting on the notification since October 2022, without any justification. It had directed the State to notify the Rules and report compliance. The Court made this observation hearing a plea filed by a private firm, M/s Galatea Limited, seeking a direction to the High Court Registrar General to consider its representation to frame and implement appropriate rules to transfer pending cases from the erstwhile IPAB at Chennai to the High Court.During this case, the High Court Registrar General had filed a status report before the High Court stating that the Registry was awaiting the State government's notification for the inauguration of the IPD..[Read Notification]
The Tamil Nadu government has notified the Madras High Court Intellectual Property Rights Division Rules, 2022 in the official gazette..The Rules were formed by the Madras High Court to govern matters listed before its Intellectual Property Rights Division (IPD). They lay out the practice and procedure for the exercise of the Court's ordinary original, appellate, criminal and writ jurisdiction.The High Court Registry said that the Intellectual Property Division of the Madras High Court will be inaugurated next week..The IPD is a specialised division set up to exclusively adjudicate matters pertaining to intellectual property rights, following the the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 that abolished the Intellectual Property Appellate Board (IPAB) in April 2021. Following such ordinance, all matters pending before the IPAB were to be transferred to the respective High Courts.For the purposes of the Rules, the statutes that will be dealt with by the IPDD include 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 and The Semiconductor Integrated Circuits Layout Design Act, 2000..In February this year, a Bench of Acting Chief Justice T Raja and Justice D Bharatha Chakravarthy said that the government has been sitting on the notification since October 2022, without any justification. It had directed the State to notify the Rules and report compliance. The Court made this observation hearing a plea filed by a private firm, M/s Galatea Limited, seeking a direction to the High Court Registrar General to consider its representation to frame and implement appropriate rules to transfer pending cases from the erstwhile IPAB at Chennai to the High Court.During this case, the High Court Registrar General had filed a status report before the High Court stating that the Registry was awaiting the State government's notification for the inauguration of the IPD..[Read Notification]
