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20 April 2021
The Tribunal Reforms (Rationalisation and Conditions of Service) Bill 2021 was presented in the Lok Sabha (House of People) of the Indian Parliament on February 13, 2021. Because the Parliament was not in session at the time, the bill could not be debated.
As a result, on April 4, 2021, the President of India promulgated the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, after being convinced the situations exist that necessitate urgent intervention. The Tribunal Reforms (Rationalization and Conditions of Service) Ordinance 2021 entered into force on April 4, 2021.
Since the Tribunal Reforms (​Rationalisation and Conditions of Service) Ordinance 2021 has come into effect, various appeals and rectification actions will have to be filed before the respective High Courts.
According to Mudit Kaushik, Counsel, ZeusIP Advocates LLP, the stakeholders remain slightly concerned as to the functioning and handling of the relevant matters by the High Courts.
“Given that the High Courts already have a large number of cases pending to be adjudicated, the pending cases of the IPAB (Intellectual Property Appellate Board) being transferred to the High Courts, with the window to file new cases at High Court has given a rise to the worry of the stakeholders,” he says. “The rights of individuals and small businesses are likely to be affected if the costs involved to approach High Courts are increased.”
He continues, “Although the IPAB stands scrapped with the powers and duties being transferred to High Courts, there is no clarity as to how the High Courts are going to assume the responsibilities. Multiple questions remain unanswered in the absence of clarity such as the expected date of the High Courts’ issuing relevant procedure and guidelines to be followed, how long will it take to transfer the matters from the IPAB to the appropriate High Courts, how jurisdictions have to be ascertained for rectification actions and if the stakeholders can approach the High Courts without waiting for the issuance of the guidelines.”
“There is no foreseeable impact on the filings of trademarks and patents with the India Intellectual Property Office,” he says.
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