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Patent Cases May Go To Court Soon As Government Plans To Dismantle Five Courts | India News


All disputes and appeals related to the protection of intellectual property, including patents and trademarks, in the fields of technology, engineering, pharmaceuticals and chemicals, may soon be decided by the courts, and not through the appointed court of appeal, if a new bill is passed.
In a move that can have far-reaching implications across sectors, the government plans to dismantle five appellate courts for patents, copyrights and cinematography under the “Reform (Streamlining and Terms of Service) Bill of Courts , 2021 “.
The goal is to “streamline” the courts, under a streamlining campaign that began in 2017, and to provide a mechanism to file appeals directly to the commercial court or higher court. The bill recently presented in the Lok Sabha seeks to abolish the courts, for example, the Intellectual Property Appeals Board (IPAB), which handles the above cases, and transfers powers to the HCs (for patents, trademarks, geographical indications , issues related to plant varieties), and to commercial courts (for copyright issues).
In the early 2000s, IPAB handled trademark disputes, while those arising from patents were taken up after 2007. Concerned about the sudden move, patent and legal experts told TOI: All courts will they generalized by saying that they don’t work properly. . is not correct. This will put a strain on the already overburdened superior courts and lead to delays.
“The delays and procedures that affect the IPAB have been mainly due to the long vacancies in the positions of its members due to the various legal challenges to the provisions related to their appointment, or due to the delay in the appointments. Otherwise, you have been fairly quick in dispositions and the move back to the higher court can place an additional burden on those courts, where your business division deals with various business matters (not limited to intellectual property) and often , they do not have the technical support requirements (mainly in patents) ”, said an intellectual property lawyer.

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