Analysing the Parliamentary Committee’s Recommendations on IPAB
The Central Government established the Intellectual Property Appellate Board (IPAB) on the 15th of September 2003. The Board was constituted exclusively for hearing appeals related to the registrar’s decisions as per the Trade Marks Act, 1999, Geographical Indications of Goods Act (Registration and Protection), 1999, Patents Act, 1970, and the Copyright Act, 1957. The Board consisted of individuals with expertise […]
Analysing the Parliamentary Committee’s Recommendations on IPAB
The Central Government established the Intellectual Property Appellate Board (IPAB) on the 15th of September 2003. The Board was constituted exclusively for hearing appeals related to the registrar’s decisions as per the Trade Marks Act, 1999, Geographical Indications of Goods Act (Registration and Protection), 1999, Patents Act, 1970, and the Copyright Act, 1957. The Board […]
Abolishment of IPAB: Changes to the IP Regime
Intellectual Property Appellate Board (IPAB) was constituted by the Central Government on 15 September 2003, to hears appeals against the decisions of Registrar under the Trade Mark Act, 1999 and the Geographical Indications of Goods Act (Registration and Protection), 1999.[1] After four years, in 2007 the IPAB jurisdiction was extended to the Patents Act, 1970. Later […]
The Tribunals Reforms (Rationalization and Conditions of Service) Bill, 2021- A Systematic Ban on IPAB
Introduction India might be one of the leading countries in the world in terms of the backlog of court cases. Even after some of the best efforts made by the government to improve the situation, it is still like a merry-go-round. One such effort was the system of tribalization which was meant to reduce the […]
Interpretation of the Term “Aggrieved Person” Under Section 47 of Trade Mark Act, 1999
The Hon’ble High Court of Delhi in the case Adidas AG v Union of India and Anr vide W.P.(C) 3125/2013 set aside the impugned ex parte order by IPAB dated 28th December 2012 and remanded the matter to IPAB for fresh consideration. BRIEF FACTS OF THE CASE: In the instant case, Petitioner has trademark “RESPONSE” […]
Plant Varieties and Farmers‟ Rights Act, 2001
Ministry of Agriculture & IPAB failure in invoking the transitional provision as provided under Section 59 of The Protection of Plant Varieties and Farmers‟ Rights Act, 2001 for setting up a tribunal. INTRODUCTION The variety of crops both edible and for commercial purposes has grown as the size and need of the human population has […]