The Madras High Court in the case M/s Galatea Limited v. The Registrar General and others observed and has directed the State government to notify the inauguration of its Intellectual Property Division. The bench headed by acting Chief Justice T Raja and Justice D Bharatha Chakravarthy in the case observed that the High Court registry has taken all possible steps to start the Intellectual Property Division and that the delay caused was being on the part of the State.
It has been observed by the court that the establishment of the Intellectual Property Division was being necessitated after the Intellectual Property Appellate Board and the same was abolished by the Tribunal Reforms Act 2021. The court while following its functions which were being assigned to the country’s commercial courts and the High Courts. The said court also noted that the non-functioning of its IPR Division has left litigants remediless.
Therefore, the delay which is being caused 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 being unable to pursue their remedy in the absence of the notification. When it has been approved by the Madras High Court the administrative side the rules and the same is resolved to start the Intellectual Property Division and forwarded the same to the State Government way back on 26.10.2022 for the issuance of the notification, the court did not find any justification on the part of the State Government in not issuing such notification expeditiously.
In the present case, the court was hearing a petition by M/s Galatea Limited wherein seeking directions to the Registrar General of the Madras High Court for considering the representation and to frame and implement appropriate rules for transferring the cases which are pending before the IPAB to the High Court.
It has been submitted by the counsel, Mr. Fakkir Mohideen, appearing for the Registrar General 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 came.
It has also been noted by the said court that after the abolishment of the IPAB, the Intellectual Property Committee has been constituted by the then Chief Justice of Madras High Court, wherein comprising of the Judges of the Court as members. Therefore, the said committee had co-opted three advocates from the bar and they have framed the draft Madras High Court Intellectual Property Rights Division Rules which includes the nomenclature and the court fee applicable.
Therefore, it has also been noted by the court that the draft Rules were placed before the Full Court and the same was approved. It has also been directed by the Committee that the Registry to approach the government to notify the rules. The registry addressed the State government for issuing the said direction and the court has been constantly
following up.
The court ordered while considering the facts and circumstances of the case that the litigants intending to pursue disputes wherein pertaining to intellectual property are left remediless for a long time after the abolition of the Intellectual Property Appellate Board, Accordingly, the court granted a week’s time to the State Government for issuing notification for the inauguration of the Intellectual Property Division.
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