Calcutta High Court Notifies Proposed Intellectual Property Rights Division Rules, 2023

December 26, 2023
anticipated development

In a much anticipated development, after Delhi and Madras High Courts, the Hon’ble Calcutta High Court has also notified its proposed draft Rules for ‘INTELLECTUAL PROPERTY RIGHTS DIVISION RULES OF THE HIGH COURT AT CALCUTTA’ vide notification dated December 19, 2023.

Vide the same notification, the Hon’ble Court has invited comments and suggestions from the members of the Bar and other stakeholders.

The proposed IP Rules are meant to govern pending cases before Calcutta’s Courts Intellectual Property Rights Division (hereinafter referred to as the IPRD) and Intellectual Property Rights Appellate Division (hereinafter referred to as the IPRAD).

The said draft rules are similar to the Delhi High Court Intellectual Property Rights Division Rules, 2022 and interestingly Rule 2(a) of the proposed rules also includes the Information Technology Act, 2000 besides other IP acts like Copyright Act, Designs Act, Trade Marks Act, etc.

As per Rule 4 & 5 of the proposed Rules, the Chief Justice of the Calcutta High Court will nominate judges who will preside over IPRD and IPRAD. The Rules also mention that the Judges that will be appointed for IPRD and IPRAD shall preferably have experience in dealing with IP matters. Further, the Calcutta High Court has also proposed establishing Intellectual Property Rights Division Department, which will be a special division to look after the administration and management of all proceedings under the IPRD and the IPRAD.

Chapter Three of the Rules provides detailed provisions for dealing with Intellectual Property Proceedings such as procedure when the matter is being transferred from erstwhile IPAB, procedure when suit is filed in the High Court after the effective date and proceedings, etc. Chapter IV and V of the Rules, provides for General and Miscellaneous provisions for regulating proceedings under these Rules.

Further, Rules also have notified the following Schedules:

Schedule I: Nomenclatures for the matters to be governed by IPRD and IPRAD;

Schedule II: Forms for filing Applications, Petitions, Complaints, Appeal under these Rules;

Schedule III: Official Fees for filing Applications, Petitions, Complaints, Appeal under these Rules which is varying from Rs. 5,000 to Rs. 10,000.

The proposed rules are aiming to address various aspects of intellectual property litigation, potentially impacting procedures, timelines, and the overall adjudicatory process, and it is expected that rules would improve the IP landscape before the Hon’ble Calcutta High Court.

The interested members the Bar and other stakeholders can send their comments and inputs on the proposed rules via email on by January 05, 2024. To read the proposed draft rules kindly click here to know more about calcutta high court general notice.

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