Judgment date:10.11.2022
Case No. C.O.(COMM.IPD-PAT) 3/2021
Name of Court: High Court of Delhi
Name of Hon'ble Justice: Pratibha M Singh, H.J.
Case Title: Dr. Reddy Laboratory Vs Controller of Patent & Ors
After
enactment of the Tribunal Reforms Act 2021, the Intellectual Property Appellate
Board has been abolished. All the cancellation petitions and other proceedings
have been transferred to the Hon’ble High Court of Delhi.
Prior
to enactment of the Tribunal Reforms Act 2021, Jurisdiction of the Intellectual
Property Appellate Board used to be decided in accordance of jurisdiction of
Respective Tribunal.
Now
the question which arose , as to which court would be jurisdiction to entertain
the Appeal and cancellation petitions, after abolition of the Tribunal Reforms
Act 2021.
This
question was addressed by the Hon’ble High Court of Delhi, as under:
Once
orders are passed by the Patent Office on an application, any challenge to such
order or direction would, therefore, ordinarily lie before the High Court in
whose jurisdiction such appropriate office is located. This is because of the
following reasons:
i.
The appeal is a continuation of the original proceeding;
ii.
The entire record of the patent application is readily available at the
appropriate office;
iii.
As per the scheme of the Rules, the concerned applicant would be domiciled,
carrying on business or normally residing within the said territorial
jurisdiction;
iv.
The invention may have originally originated from the said territory;
v.
The address of service in India in case of a foreign applicant would be in the
territory where the appropriate office is located.
Thus
it is apparent that jurisdiction of the revocation petition or appeal would be
dependent upon the locus of relevant office of the Tribunals or in other words
only that High Court would be having Jurisdiction to entertain the Appeal or
cancellation petition in whose jurisdiction such appropriate office of the
tribunal is located.
Ajay Amitabh Suman, [IP ADJUTOR]
IPR Advocate, Hon'ble High Court of Delhi.
ajayamitabh7@gmail.com, 9990389539
D/1027/2002
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Note: Information is shared in the public interest. It should not be taken as a substitute for legal advice as it may contain errors of understanding and presentation, including clerical errors.
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