The Delhi High Court, by order dated 19 July 2023 in Ashwa Ghosh v Vizrt Ag and Others, held that the High Court cannot hear appeal under Section 91 of the Trademarks Act against the decision of the WIPO Administrative Panel.
Section 91 provides for appeal to the High Court against the order or decision of the Registrar of Trademarks. In the given case, the High Court refused to invoke Section 91 on the ground that the Administrative Panel of WIPO is not the “Registrar” under the Trademarks Act.
The order is on expected lines. It would have led to a bizarre situation if the High Court was to sit as an appellate court against the decisions of administrative panel of WIPO.