Karnataka High Court’s Sub – Committee to draft IP Division Rules

Introduction

In a recent notification dated 20th June 2024, the Hon’ble High Court of Karnataka has initiated formation of a sub – committee in order to facilitate drafting of rules for establishing an IP division which shall be constituted by the Registrar (Judicial) of the Karnataka High Court, and Professor Dr. Arul Scaria (Associate Professor, NLSIU Bangalore). The IP Division of the Karnataka High Court shall be an addition to the already existing IP divisions of other High Courts such as High Court of Delhi, Madras and Calcutta.

The practice of having an established IP division in High Courts can be traced back as a consequence of the Tribunals Reforms Act 2021 through which the Intellectual Property Appellate Board (IPAB) was dissolved and all its inherent powers were transferred to the Commercial Courts. Therefore, in order to overcome the ambiguities following the abolition of IPAB, the Hon’ble Delhi High Court came up with the process of IP division for which the rules were framed by a committee composed of Hon’ble Justice Pratibha Singh and Justice Sanjeev Narula. In a similar manner, the IP rules of Madras High Court were also put up.

The constitution of IP Division rules of Karnataka High Court have set a different benchmark by deciding to have involvement of an academician i.e., Prof. Dr. Arul Scaria in the drafting of the rules, moreover his involvement in the interpretation of Section 52 (1)(za) of the Copyright Act was also taken by the Hon’ble Delhi High Court previously. In reference to the rules framed by the Committee constituted by the Hon’ble High Court of Karnataka, the notification has also stated that post completion of drafting, the same shall also be placed before the High Court and the District Judiciary Rules Committee for their approval. Although no time limit has been specified for the Sub – Committee to place their draft rules in front of the above – mentioned authorities.

Conclusion

The constitution of a sub – committee for drafting the rules pertaining to IP Division of the Hon’ble High Court of Karnataka is a welcomed step towards advancement of matters pertaining to Intellectual Property Rights along with speedy disposal of cases and specialized procedures and rules for adjudication. 

The new rules are expected to include and accommodate several important but previously under-discussed aspects, such as accessibility, the appointment of independent experts, the right to audience, and the inclusion of legal researchers.