When the IPAB was abolished in 2021, its cases flooded into the High Courts. The Madras High Court answered by creating a dedicated Intellectual Property Division — a specialised forum for IP disputes, governed by rules notified in 2023.
Why the IPD
Practitioners long wanted a separate IP division in the High Courts. With the IPAB abolished in 2021, cases filed with or pending before it were transferred to the High Courts — making a specialised division essential.
The Madras High Court set up an Intellectual Property committee to devise procedures, then established the Intellectual Property Division (IPD) on its recommendations. The Madras High Court Intellectual Property Rights Division Rules, 2022 — governing the IPD’s ordinary original, appellate, criminal and writ jurisdiction — were published in the Gazette dated 5 April 2023 and apply to all matters before the IPD.
What the IPD covers
The Rules govern civil IP disputes including:
- Patents, Copyrights, Trademarks, Geographical Indications, Plant Varieties, Designs, Semiconductor Layout Designs, Traditional Knowledge, and associated common-law rights;
- passing off, unfair competition, disparagement, comparative advertising;
- trade secrets and confidential information;
- tortious privacy and publicity-rights actions involving IP;
- data exclusivity, domain names and other data-protection matters involving IP, plus appeals under Section 62 of the IT Act, 2000 and cases on intermediaries, online marketplaces and e-commerce platforms touching these rights; and
- challenges to orders under Section 11 of the Customs Act, 1962 and related notifications.
Notably, the Rules do not apply to criminal proceedings arising from the penal provisions of those Acts.
Why it matters
A specialised IPD will streamline resolution of IP disputes and enhance the quality of justice in this technical field — judges and procedures attuned to IP’s particular issues, rather than IP matters competing for attention in a general docket.
Credit goes to the bar — the Intellectual Property Association of South India (IPASI) led the initiative, its efforts creating a dedicated forum and setting an example for the wider legal fraternity.
The takeaways
- The IPD fills the IPAB gap — post-2021, IP matters moved to the High Courts, and Madras built a specialised division.
- The 2022 IPD Rules are broad — covering all civil IP, passing off, trade secrets, publicity rights, domain/data matters and customs challenges.
- Criminal IP proceedings are excluded from the Rules.
- Specialisation improves justice — a forum attuned to IP’s technical complexity.
Frequently asked questions
What is the Madras High Court’s IP Division? A dedicated Intellectual Property Division (IPD) established to handle IP disputes, governed by the Madras High Court IPR Division Rules, 2022 (gazetted April 2023).
Why was the IPD created? After the IPAB’s 2021 abolition, its cases moved to the High Courts, making a specialised IP division necessary for efficient resolution.
What matters does the IPD cover? All civil IP disputes — patents, trademarks, copyright, designs, GIs, plant varieties, trade secrets — plus passing off, publicity rights, domain/data matters, and customs challenges, but not criminal proceedings.
Who led the initiative? The Intellectual Property Association of South India (IPASI) championed the establishment of the Madras High Court IP Division.