Roundtable on feasibility of establishing a national IP court in India

Earlier this month, IIT Kharagpur’s IPR cell organised a roundtable to discuss the feasibility of establishing a National IP Court in India, under a project being funded by the UK Intellectual Property Office.  The roundtable was chaired by Hon’ble Justice Prabha Sridevan (former Judge Madras High Court and Chairman Intellectual Property Appellate Board).  Several senior IP academics, lawyers and students shared their views.

IIT Kharagpur proposed establishing a High Court of IP Appeals, with jurisdiction to hear appeals from single Bench decisions. The Court would be presided over by a qualified judge, who would be assisted by a technical assistant.  According to them, this would ensure high quality, timely decisions.

Justice Sridevan was in favour of the abolishment of Tribunals, but was of the opinion that establishing a National IP Court would be too big a leap. She suggested having an IP bench in each High Court if judges are not averse to technical experts.

All eminent academics shared their views of the matter and it was clear from the discussion that establishment of a National Court for IP Appeals is a big step for present IP system in India. The majority favoured the establishment of a Technical Advisory Board to assist the Bench with IP technicalities.

We hope this project will provide a platform for a discussion amongst the Indian IP fraternity on how to work towards a speedy, high quality IP justice system in India.