Home Circulars & Notifications Madras High Court Intellectual Property Rights Division Rules, 2022

Madras High Court Intellectual Property Rights Division Rules, 2022

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MADRAS HIGH COURT

NOTIFICATIONS BY HEADS OF DEPARTMENTS, ETC.

JUDICIAL NOTIFICATION

THE HIGH COURT OF JUDICATURE AT MADRAS

Madras High Court Intellectual Property Rights Division Rules, 2022

[R.O.C. No. 5906 A/2022 (Comm. Cases)

CHENNAI, WEDNESDAY, APRIL 5, 2023

Pursuant to enactment of the Tribunal Reforms Act, 2021(“Said Act”) on 13.8.2021, the Intellectual Property Appellate Board and some other tribunals were abolished under Sec.33 of the said Act and consequently, the proceedings hitherto pending and fled before such tribunals were transferred to the High Courts under various provisions of the said Act.

Further, the High Court of Madras constituted the Intellectual Property committee to formulate the procedures, consequent thereto.

Upon the recommendation of the Committee, Madras High Court has created the Intellectual Property Division (hereinafter referred to as “the IPD”) in the High Court to deal with matters relating to Intellectual Property Rights (“IPR”).

In exercise of the powers conferred by Section 129 of the Code of Civil Procedure, 1908 and Clauses 37 and 38 of the Letters Patent,1865 and the powers conferred under the various Intellectual Property statutes as amended by the said Act, the Madras High Court hereby makes the following Rules governing the matters listed before the IP Division with respect to practice and procedure for the exercise of its ordinary original, appellate, criminal and writ jurisdiction.

The Intellectual Property statutes 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; The Semiconductor Integrated Circuits Layout- Design Act, 2000 for the purposes of these Rules.

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