On April 4, 2021, the Government of India notified, The Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021. The Ordinance, amongst others, abolishes the IPAB. Consequently, the power that vested in IPAB earlier, will now be with the concerned High Courts/ Commercial Court.
Some quick pointers:
a) The Ordinance comes into effect immediately.
b) All pending appeals against the orders/ decisions of the Registrar of Trademarks, the Registrar of Geographical Indications, the Registrar of Copyright and the Controller of Patents and cancellations/rectification petitions that were filed with the IPAB will now be transferred to the High Courts of Delhi, Bombay, Madras, Calcutta and Ahmedabad.
c) Fresh cancellations/rectification petitions will now have to be filed either with the respective IP office or with the High Court of Delhi, Bombay, Madras, Calcutta and Ahmedabad, as the case may be.
d) Certain disputes relating Copyright regarding assignment, term of copyright, tariff schemes by copyright societies and resale share rights in original copies will be filed before Commercial Court of the concerned State.