The President of India on 5th April promulgated the Tribunals Reforms (Rationalisation And Conditions Of Service) Ordinance, 2021, whereby the Central Government has amended nine Acts and abolished five Appellate Authorities including the Intellectual Property Appellate Board (IPAB).
The Ministry of Finance and Corporate Affairs introduced a bill titled as Tribunals Reforms (Rationalisation and Conditions of Service) Bill, 2021 on13 February 2021 in the Lok Sabha which sought to abolish various Tribunals and Authorities, including the Intellectual Property Appellate Board (IPAB); since the Parliament was not in session, the bill could not be passed. Hence now, an ordinance was passed making it the law.
Since the powers of these authorities have now been transferred to the High Court, these matters would probably reach the doors of the Appellate jurisdiction of the High Court.
A notable feature is that appeals from the Registrar of Copyright shall lie to the Commercial Division of the High Court; whereas appeals from the Registrar of Trademarks, Controller of Patents, etc. would lie to the Appellate jurisdiction of the High Court.
Many within the IP community would call this move of the Government a retrograde step. However, such a situation is not new for the High Courts. They have dealt with similar situations in the past when other Tribunals such as SAT (State Administrative Tribunal) were abolished and the cases were transferred to the High Court. The High Court has taken these in its stride, and after created new benches to deal with such issues.
We fondly hope that this would be the case here also.