SpicyIP Tidbit: Madras High Court Directs the State Government to Issue a Notification for Establishing Intellectual Property Division

Madras High Court Building
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In a recent writ petition filed by M/s.Galatea Limited regarding its pending case before IPAB, Chennai to be heard before the Madras High Court (MHC), the court directed the State Government to issue notification for the inauguration of the Intellectual Property Division (IPD). The court noted that “litigants intending to pursue disputes pertaining to intellectual property are left remediless for a long time after the abolition of the Intellectual Property Appellate Board.” Respondent’s counsel argued that the Registrar General has filed a status report and is awaiting notification from the State Government. As soon as, the government issues it, the Registry will inaugurate the IPD within a week of its receiving. 

From the status report, it is clear that the Intellectual Property Committee constituted by the Chief Justice of Madras High Court has framed a draft of Madras High Court Intellectual Property Rights Division Rules. The draft has also been placed before the Court and approved on the 7th of July 2022. Thereafter, the Registry also addressed the State Government to notify the Rules in the official Gazette of the Government of Tamil Nadu and made timely follow-ups since 26.10.2022. However, no action was taken by the state government thus far. Considering such undue delay, the Court noted that “When the Madras High Court on the administrative side had approved the Rules and resolved to start the Intellectual Property Division and forwarded the same to the State Government way back on 26.10.2022 for issuance of notification, we do not find any justification on the part of the State Government in not issuing such notification expeditiously.

Find the PDF of the order here.

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