An obituary for the IP Appellate Board
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Its tenure was a missed opportunity to develop the home-grown jurisprudence on patent law
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Its tenure was a missed opportunity to develop the home-grown jurisprudence on patent law
The demise of the Intellectual Property Appellate Board (IPAB), India’s specialist tribunal for determining disputes relating to intellectual property (IP) rights, is symbolic of its tenuous life. For an organisation that was created in haste and managed in haste, the end came about, unsurprisingly, in haste.
The patent system is notorious for its bipolar nature. Ever since its inception, public opinion has been divided about the usefulness of the system. There have been regular calls for its abolition. The lack of unanimity about the system here was seen in the way Indian parliamentarians deliberated on patent bills in the past.
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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
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