Chapter 19 of the Indian Patents Act, 1970, prescribed that all
appeals against the decisions of the Controller of the Indian
Patent Office should be heard by the Intellectual Property Appeal
Board (IPAB). Due to the Board's poor functioning, the
Government of India abolished the IPAB under the Tribunal Reforms
(Rationalisation and Conditions of Service) Ordinance, 2021, on
April 4, 2021, and directed that all appeals pending and
forthcoming shall now be dealt with by the High Courts in
India.
In response, the Delhi High Court created its Intellectual
Property Division (IPD) to handle original and appellate
proceedings, including writ petitions, on July 7, 2021. On October
1, 2021, the IPD released The Delhi High Court Intellectual
Property Division Rules, 2021 (DHC-IPD Rules, 2021). Although the
Tribunal Reforms Act prescribes the creation of IP Divisions within
the High Courts of a jurisdiction, other than the Delhi High Court,
no other High Court has formulated
