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High Court in Calcutta Announces Classification Guidelines for Intellectual Property Cases - Listing Procedures Updated

Streamlined Procedure for Intellectual Property Disputes: Calcutta High Court Introduces New Listing Codes for IPR Matters, Simplifying the Appeals and Applications Process for Copyright, Trademark, and Patent Disputes. Get Insight into the New Amendments.

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Calcutta High Court Introduces New Listing Codes for Intellectual Property Rights Cases:...
Calcutta High Court Introduces New Listing Codes for Intellectual Property Rights Cases: Simplifying the Process for Appeals and Applications in Intellectual Property Disputes – Find out about the recent adjustments.

High Court in Calcutta Announces Classification Guidelines for Intellectual Property Cases - Listing Procedures Updated

The Calcutta High Court recently announced updates to the Original Side Rules, effective from November 22, 2022, amidst a influx of Intellectual Property Rights (IPR) matters. Here's a breakdown of the new listing codes for these cases:

Appeals

  • IPD - TMA - Trade Marks Act, 1999 appeals (IPD - Dispute Resolution)
  • IPD - CRA - Copyright Act, 1957 appeals (IPD - Content Rights)
  • IPD - PTA - Patents Act, 1970 appeals (IPD - Patent Act)
  • IPD - GIA - Geographical Indications of Goods (Registration and Protection) Act, 1999 appeals (IPD - GI Act)
  • IPD - PVA - Plant Varieties and Farmers Right Act, 2001 appeals (IPD - Farmers Act)
  • IPD - SCD - The Semiconductor Integrated Circuits Layout-Design Act, 2000 appeals (IPD - Semiconductor Act)
  • IPD - AID - Designs Act, 2000 appeals (IPD - Design Act)
  • IPD - ITA - Information Technology Act, 2000 appeals (IPD - IT Act)

Original Applications/Petitions

  • IPD - ATM - Trade Marks Act, 1999 (Section 47,57,125) applications (IPD - Dispute Resolution)
  • IPD - CR - Copyright Act, 1957 (Section 50) applications (IPD - Content Rights)
  • IPD - PAT - Patents Act, 1970 (Section 58/64/71/103) applications (IPD - Patent Act)
  • IPD - GI - Geographical Indications of Goods (Registration and Protection) Act, 1999 (Section 27/58) applications (IPD - GI Act)
  • IPD - IT - Information Technology Act, 2000 (Section 46(1A)) applications (IPD - IT Act)

As a result of these changes, the Calcutta High Court may assign new appeal/application codes to IPR matters transferred from the Intellectual Property Appellate Board (IPAB). It's forecasted that nearly 50-100 IPR matters will be listed in the court per day or week—pending the workload. Parties and their representatives will be notified, and fresh vakalatnama (pleading forms) will be required before hearings commence.

Currently, one judge has IPR jurisdiction, but there are plans to add another bench to accommodate the growing case load. To get more detailed information on this matter, I suggest:

  1. Visit the Official Website: Check the official website of the Calcutta High Court for any relevant updates or announcements.
  2. Contact the Court Registry: Reach out to the court registry for specific inquiries about the new listing codes and upcoming changes.
  3. Consult Legal Professionals: Work with law firms or legal experts who are familiar with the Calcutta High Court's procedures to gather insights into recent changes and advancements.
  4. The change in the Original Side Rules may lead to patents disputes being categorized under the 'IPD - PTA - Patents Act, 1970 appeals' or 'IPD - PAT - Patents Act, 1970 (Section 58/64/71/103) applications'.
  5. As technology advances, the Semiconductor Integrated Circuits Layout-Design Act, 2000 falls under the 'IPD - SCD - The Semiconductor Integrated Circuits Layout-Design Act, 2000 appeals' or 'IPD - AID - Designs Act, 2000 appeals' in cases related to IPR.
  6. A newly filed copyright infringement case could be listed under the 'IPD - CR - Copyright Act, 1957 (Section 50) applications' or 'IPD - ITA - Information Technology Act, 2000 (Section 46(1A)) applications' depending on the nature of the complaint.

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