INDIA Trends and Developments Contributed by: Pravin Anand, Vaishali R Mittal and Gursimran Singh Narula, Anand and Anand Advocates
Establishment of IPR Divisions in Different High Courts of India Establishing the Intellectual Property Division (IPD) at the Delhi High Court became an essen - tial step after the abolition of the Intellectual Property Appellate Board (IPAB) under the Tri - bunals Reforms Act, 2021. In response, the Delhi High Court created the IPD as a solution to man - age the increasing caseload, forming a special - ised division, albeit without specialised judges initially. The first year of the IPD’s operations showcased the division’s efforts in handling the significant number of cases transferred from the now-dissolved IPAB. In its second year, the IP Division continued to make strides in reducing the backlog of these transferred cases. Between January 2023 and June 2024, the division dis - posed of 1,217 IPAB-transferred cases. By June 2024, over 60% of the cases received from the IPAB had been successfully resolved. Addition - ally, the IP Division managed to clear 2,026 fresh cases, contributing to a decrease in the overall pendency of IP cases — from 3,799 cases in 2023 to 3,742 cases by June 2024. The success of this model was widely recog - nised, notably by the 169th Report of the Par - liamentary Standing Committee on Commerce, which recommended the replication of this model in other High Courts across the country. In response to this, several other High Courts, including those of Madras, Calcutta, and Karna - taka, have followed suit, establishing their own dedicated IPR divisions. These divisions serve not only to streamline the adjudication process but also to address the growing complexity and volume of intellectual property litigation in India. Following the dissolution of the erstwhile IPR tribunals, the Delhi High Court took the lead by setting up a specialised IPR division, an initiative that has proven to be highly successful – in its
first year alone, this division resolved over 600 commercial IPR suits, setting a high standard for the expeditious handling of IPR disputes. At the same time, legislative changes have been introduced to further enhance the functioning of India’s patent system. Amendments to the Patents Rules, 2003, which came into effect in March 2024, aim to reduce procedural delays, simplify compliance for patent applicants, and align India’s patent system with international best practices. This combination of judicial and legislative reforms is set to transform India into a more attractive destination for innovation and IP protection. This paper delves into the establish - ment of IPR divisions across Indian High Courts, the recent legislative changes, and key judicial rulings that have shaped the landscape of intel - lectual property law in India. Legislative Changes • The Government of India has passed key legislative amendments to the Patents Rules, 2003, effective March 15, 2024. The amend - ments aim to streamline patent prosecution and implement various court decisions in India, as outlined below. • Reduced examination timeline: Requests for examination can now be filed within 31 months, down from the previous 48-month period, accelerating the examination process. • Simplified submission process: Foreign pat - ent submissions must be filed within three months of receiving the first statement of objections, with late submissions allowed if condoned by the Controller. • Relaxed filing norms: Statements of work - ing under Form 27 need to be filed only once every three financial years, simplifying compli - ance for patent applicants. Further, on August 26, 2024, the Indian Patent Office clarified the
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