“Delay By State Leaving Aggrieved Persons In Lurch”: Madras High Court Directs TN Govt To Notify Inauguration Of Its Intellectual Property Division

Acting Chief Justice T Raja and Justice D Bharatha Chakravarthy observed that the High Court registry has taken all possible steps to start the Intellectual Property Division and that the delay was on the part of the State.

The establishment of the Intellectual Property Division was necessitated after the Intellectual Property Appellate Board (IPAB) was abolished by the Tribunal Reforms Act 2021. Following its abolishment, its functions were assigned to the country’s commercial courts and the High Courts. Noting that non-functioning of its IPR Division has left litigants remediless, the court observed as under:

The delay in issuance of notification by the State Government is leaving the aggrieved persons in the lurch, inasmuch as despite availability of a remedy before the Madras High Court, they are unable to pursue their remedy in the absence of the notification. When the Madras High Court on the administrative side had approved the Rules and resolved to start the Intellectual Property Division and forwarded the same to the State Government way back on 26.10.2022 for issuance of notification, we do not find any justification on the part of the State Government in not issuing such notification expeditiously.

The court was hearing a plea by M/s Galatea Limited seeking directions to the Registrar General of the Madras High Court to consider its representation and to frame and implement appropriate rules for transferring cases pending before the IPAB to the High Court.

Mr. Fakkir Mohideen, appearing for the Registrar General submitted that the Registry was awaiting notification from the State government and that the Registry was prepared to inaugurate the Intellectual Property Division within a week when such notification comes up.

The court also noted that after the abolishment of the IPAB, the then Chief Justice of Madras High Court had constituted the Intellectual Property Committee comprising Judges of the Court as members. The committee had co-opted three advocates from the bar and they have framed the draft Madras High Court Intellectual Property Rights Division Rules including the nomenclature and the court fee applicable.

The court also noted that the draft Rules were placed before the Full Court and approved. The Committee had also directed the Registry to approach the government to notify the rules. Following this, the registry addressed the State government for issuing the direction and has been constantly following up. However, the State was yet to notify the rules.

Considering the fact that litigants intending to pursue disputes pertaining to intellectual property are left remediless for a long time after the abolition of the Intellectual Property Appellate Board, we grant a week's time to the State Government to issue notification for the inauguration of the Intellectual Property Division, the Court ordered.

Case Title: M/s Galatea Limited v. The Registrar General and others

Citation: 2023 LiveLaw (Mad) 58

Case No: W.P.Nos.4122, 4124 and 4129 of 2023