India post-IPAB: Should other courts also have their own IP division?

In 2021, the Intellectual Property Appellate Board (IPAB) in India was abolished. The IPAB was a quasi-judicial body tasked to handle IP rights disputes. Since then, two Indian High Courts have established their own IP divisions. The Delhi High Court was the first to do it; the Madras High Court followed suit. Should more High Courts in India adopt the specialized IP court system like the Delhi and Madras High Courts did? IP lawyers and attorneys interviewed by Asia IP believe so. But first, let’s take a deep dive into the abolition of the IPAB and the formation of the Delhi High Court’s IP Division.

The Delhi High Court, being the first High Court, has demonstrated proactive foresight by establishing a dedicated IP division exclusively for handling IP matters. This strategic move has proven effective in systematically managing cases transitioning from the IPAB. The Delhi High Court’s reputation as an IP litigation centre adds weight to its proactive approach,” said Kangan Roda, founding partner at illuminIP in New Delhi.

“Certainly, the establishment of dedicated IP divisions in more Indian High Courts is indeed crucial to manage the mounting workload and intricacies of IP cases. This move can streamline proceedings, alleviate the burden on specific High Courts and ensure better accessibility to justice for trademark and IP matters,” added Roda.

IPAB’s dissolution and the subsequent reallocation of its jurisdiction to High Courts presented a challenge, Roda said. “Currently, only a handful of High Courts possess original civil jurisdiction while others function solely as appellate forums. This results in a situation where IP cases from various regions are channelled to just a few High Courts with original jurisdiction, currently only Delhi High Court and Madras High Court, as IP divisions, causing an overload of cases and leading to delays in resolution.”

She cited The Hershey Company v. Dilip Kumar Bacha C.O., which isbeing presided over by the Delhi High Court, as an example. According to Roda, the case drives home the question of jurisdictional scope as far as the Delhi High Court is concerned. The question revolves around a situation where trademark registrations occur in Ahmedabad, but rectification petitions are brought before the Delhi High Court.

“By creating specialized forums for IP matters, High Courts can efficiently address the complexities of this legal domain,” said Roda, “ultimately contributing to the integrity and effectiveness of India's IP landscape.”