Analysis of IP Redressal Mechanism in India
Introduction Recently, in response to a writ petition addressed to it, the Madras High Court has reinstated the need for a remedial institution in order to cater to the disputes revolving around Intellectual Property. It has furthered the establishment of the Intellectual Property Division which is planned out to be a segregated division responsible for […]
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 […]
Appointment of Chairman of the Intellectual Property Appellate Board
IPAB is one of the most important IP tribunals in the country and was established by the Central Government by notifying in the Official Gazette on 15.07.2003. IPAB is an administrative body that has appellate jurisdiction over the decisions of the Controller of Patents, Registrar under the Trade Marks Act, 1999, and the Geographical Indications. […]
Enercon India Ltd (EIL) Vs Enercon GMBH (EG)
This article is directed to interested persons who have not been regularly following the Enercon Case, one the few patent litigation battles which have seen the light of day and are setting new standards in decision making on issues relating to formality rejections and obviousness/inventive step issues. This article puts a quick snapshot of what […]