Calcutta HC sets up separate divisions for Intellectual Property Rights disputes

The Calcutta High Court has set up an Intellectual Property Rights (IPR) Division and Intellectual Property Rights Appellate Division which has started functioning from November 4.

Under this new development, Justice Soumen Sen and Justice Biswaroop Chowdhury will form the Division Bench, handling appeals and applications related to intellectual property rights. Additionally two single-judge benches of the High Court will also adjudicate IPR matters. Justice Ravi Krishan Kapur will handle cases from 2020 onwards, while Justice Krishna Rao will look at cases filed up to 2019.

This move comes shortly after the Calcutta High Court published the IPR Division rules, earlier this year. The Calcutta High Court now joins the Delhi and Madras High Courts, both of which have dedicated IPR divisions. The Karnataka High Court has also formed a sub-committee to discuss a similar initiative.

The notification by the Calcutta High Court added that the rules will be referred to as the ‘INTELLECTUAL PROPERTY RIGHTS DIVISION RULES OF THE HIGH COURT AT CALCUTTA’, 2023 governing the matters listed before the Intellectual Property Rights Division and the Intellectual Property Rights Appellate Division with respect to practice and procedure for the exercise of its ordinary original, appellate and writ jurisdiction.

Malobika Sen, faculty member at the West Bengal National University of Juridical Sciences, Kolkata, who is engaged in research in the domain of Intellectual Property Rights (IPR) litigation, said that IPR law safeguards creator’s rights by granting legal protection to innovators, such as patent, design, etc. The new division at the Calcutta High Court dedicated to IP Rights opens up the scope for faster disposal of cases, Ms. Sen said.

“Since IP Rights usually involve nuanced and technical subjects, the development may also pave the way for enhanced engagement of experts by the High Court for adjudication of such cases,” she added.