Archana Shanker and Devinder Singh Rawat of Anand and Anand identify an issue in the Indian patent process that is leading to uncertainty for patent applicants over the timing of decisions
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A recent bill was introduced in the Lok Sabha by Minister of State Finance, Anurag Thakur. The bill proposed to reform the appointment of members and chairpersons in tribunals set up under various laws. It further provides a mechanism for filing an appeal directly to the commercial courts or the High Courts, as the case may be
[1], thereby dismantling various appellate tribunals including the Intellectual Property Appellate Board (IPAB) that is responsible for hearing appeals regarding patents, copyrights, trademarks and geographical indications.
INTELLECTUAL PROPERTY APPELLATE BOARD (IPAB)
The IPAB was established in the year 2003 under the Trademarks Act, 1999 for the speedy disposal of appeals including establishing a timeline of 3 months to file an appeal from the date the order passed by the Registrar of Trade Marks. The said provisions were adopted under the Patents Act, 1970, Copyright Act, 1957 and Geographical Indications of Goods (Regis