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ARTICLE · 22 NOVEMBER 2022

Jurisdiction Conundrum Since Abolition Of IPAB

Khurana & Khurana, Advocates and IP Attorneys
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The Tribunals Reforms Act passed in April 2021 dissolved eight tribunals, including the Intellectual PropertyAppellate Board ("IPAB"). The IPAB had the original and appellate jurisdiction under various IPR-related Acts...

IndiaIntellectual Property

The Tribunals Reforms Act passed in April 2021 dissolved eight tribunals, including the Intellectual PropertyAppellate Board ("IPAB"). The IPAB had the original and appellate jurisdiction under various IPR-related Acts, including the Patents Act of 1970. Under Chapter VIII of the Tribunal Reforms Act ("TRA"), amendments have been made to the

Indian Patents Act 1970, and the functions of the IPAB have now been transferred to the High Courts. With this fundamental change in the Patents Act, numerous issues have arisen concerning the jurisdiction of the High Courts, and the gaps in the amendment act have become apparent. One of these issues has been dealt by the Delhi High Court in the case of Dr. Reddy's Laboratories Limited & Anr V. The Controller of Patents & Ors, where the court considered the question of whether all the High Courts in the country would have the jurisdiction to entertain appeals and revocation petitions irrespective of the registration office of

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