Calcutta High Court to Introduce Specialized Bench for Intellectual Property Cases

The Calcutta High Court is set to become only the third court in India to introduce a bench specifically assigned to hear cases involving intellectual property (IP). The Delhi High Court and the Madras High Court are the other two courts with a specialized roster for IP matters.

While the court had initially shared draft IP rules with stakeholders in 2023, the final rules have now been notified. A new roster dedicated to IP matters is expected to come into effect in November, following extensive consultations with stakeholders. This marks a significant step in ensuring the swift and efficient handling of IP disputes in West Bengal.

Despite being the oldest High Court in India and possessing original jurisdiction, which includes commercial suits like intellectual property matters, the Calcutta High Court had not yet formed a specialized IP bench. However, since the abolition of the Intellectual Property Appellate Board (IPAB) in 2021, a substantial number of IP cases were transferred to the Calcutta High Court. These cases were then allocated to various judges with relevant expertise based on the existing roster system.

The introduction of a formal IP division is expected to streamline IP dispute resolutions, with specialized judges handling the cases. Although the division’s official inauguration has not yet occurred, it is anticipated that IP matters could start being heard after the court reconvenes from the Puja break later this month.

By establishing this dedicated IP bench, the Calcutta High Court aims to ensure that IP disputes are resolved more efficiently and decisions are rendered with greater expertise, significantly benefiting the region’s innovation and business ecosystem.