The President of India has promulgated the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 on 04 April 2021 (“Ordinance”). The Ordinance has been brought to effect immediately.
In the context of Intellectual Property Laws, the present Ordinance has omitted references to “the Appellate Board” and substituted the same with the words “High Court” as applicable under the following statues:
- The Patents Act, 1970;
- The Trade Marks Act, 1999;
- The Copyright Act, 1957 [for copyright Act, Appellate Board has been specifically replaced by Commercial Court and commercial division of High Court];
- The Geographical Indications Of Goods (Registration And Protection) Act, 1999; and
- The Protection Of Plant Varieties And Farmers’ Rights Act, 2001.
The right to hear appeals under said statutes has now been conferred to High Courts.
Accordingly, any appeal, application or proceeding pending before the Intellectual Property Appellate Board, before the notified date, shall stand transferred to the Court before which it would have been filed had this Ordinance been in force on the date of filing of such appeal or application or the initiation of the proceeding. The Court may proceed to deal with such cases from the stage at which it stood before such transfer, or from any earlier stage, or de novo, as the Court may deem fit.
You may access the ordinance over here –
Contributors to present post are Ankush and Abhilasha.
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