Momentum Builds for Dedicated IP Bench at Bombay High Court

India’s intellectual property (IP) ecosystem has evolved rapidly in recent years, supported by judicial innovation and stakeholder engagement. A significant milestone in this journey is the ongoing initiative to frame Intellectual Property Rights Division (IPD) Rules at the Bombay High Court. These rules would govern how IP suits, appeals, cancellation petitions, and related matters are adjudicated, marking an important step toward specialized and efficient IP adjudication.

INTA has been at the forefront of advocating for the establishment of IPD Rules and a dedicated IP Bench at the Bombay High Court since early 2024, one of the most critical high courts located in the country’s financial capital. The Association contributed to the policy conversation early on, helping convene discussions that brought the right stakeholders to the table.

In October 2024, INTA organized a roundtable in Mumbai titled “The Case for a Specialized IP Bench at the Bombay High Court.” Held during a high-level delegation to India led by President Dana Northcott (Amazon.com, Inc. USA) and INTA CEO Etienne Sanz de Acedo, the discussion was among the first open dialogues on the issue. It brought together members of the judiciary, the Bombay Bar, senior practitioners, industry representatives, and academics.

Following this engagement and similar inputs from the legal community, the Bombay High Court formed a committee to frame the IPD Rules, marking a significant institutional step forward and aligning Mumbai with the national movement toward structured and consistent IP adjudication.

Background

The idea of establishing dedicated IP divisions within India’s higher judiciary first took shape when the Delhi High Court created its Intellectual Property Division in 2021, following the abolition of the Intellectual Property Appellate Board (IPAB). The Delhi High Court IPD Rules, 2022 soon became a benchmark for procedural clarity and consistency in handling IP matters.

Building on this momentum, the Madras High Court adopted its own IPD Rules, followed by similar developments at the Calcutta and Himachal Pradesh High Courts. Each framework drew inspiration from Delhi’s model while tailoring its approach to local procedures and judicial structures.

As other high courts moved toward specialization, the Bombay High Court, given its stature and volume of IP matters, was increasingly seen as the missing piece in this national reform effort. As India’s financial hub and home to the entertainment industry and the headquarters of the Indian IP Office, Bombay handles a substantial share of IP litigation. Its docket includes major trademark and copyright disputes, as well as appeals arising from Madrid Protocol applications. The need for a specialized IP bench, supported by clear and consistent procedural rules for appeals, rectifications, and related cases, had therefore become both timely and essential.

Proposed Rules

When invited to comment on the draft framework, INTA’s Enforcement Committee—General Trademark Enforcement Matters Subcommittee (India Task Force) submitted its recommendations in July 2025. Drawing on comparative experiences from other high courts and international best practices, the submission focused on three key objectives: uniformity, flexibility, and accessibility.

INTA suggested that the Bombay IPD Rules broadly adopt the Delhi framework while accommodating the former’s multi-bench structure to promote procedural consistency and predictability. It proposed distinguishing between original and appellate functions to create clearer jurisdictional boundaries, an approach modeled on the commercial division that could improve efficiency and case management. The submission further recommended a flexible approach to recording evidence in rectification and cancellation proceedings, and provisions for advance service of pleadings, balanced with discretion for urgent relief.

The Bombay IPD initiative reflects a wider effort by the judiciary and the Bar to modernize IP adjudication in line with global best practices. INTA’s involvement has been that of a supporting partner, contributing research, comparative analysis, and stakeholder perspectives to assist the court’s deliberations.

What stands out about this process is the collaborative spirit it has fostered. The 2024 policy dialogue in Mumbai brought together voices from across the ecosystem, and the committee process has continued that openness and balance. Through these sustained exchanges, the conversation around IP specialization in India has evolved from concept to concrete implementation.

Once notified, the Bombay High Court IPD Rules are expected to strengthen India’s IP enforcement framework by promoting procedural consistency, efficiency, and judicial expertise. For rights holders, innovators, and practitioners alike, this development promises greater predictability in resolving complex IP disputes. For INTA, this engagement reflects its ongoing mission to promote balanced and effective IP systems worldwide. INTA’s Enforcement Committee remains committed to contributing to future capacity building and dialogue as India’s IP jurisprudence continues to evolve.

The journey toward the Bombay High Court’s IPD Rules reflects a spirit of shared purpose, one where the judiciary, the Bar, and policy institutions have worked in concert to meet a collective need. As the process moves forward, it is hoped that these efforts will lay the foundation for a dedicated specialized IP Bench in the Bombay High Court, further reinforcing India’s commitment to consistent, efficient, and forward-looking IP adjudication.

Although every effort has been made to verify the accuracy of this article, readers are urged to check independently on matters of specific concern or interest.

© 2025 International Trademark Association