IP APELLATE BOARD

IP APELLATE BOARD

Subject  : Governance

Context : On April 4, the President of India signed the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, shutting down the IPAB and many other tribunals for good.

Concept :

Intellectual Property Appellate Board (IPAB)

• It was constituted on September 15, 2003 by the Indian Government to hear and resolve the appeals against the decisions of the registrar under the Indian Trademarks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act, 1999.
• Since April 2, 2007, IPAB has been authorized to hear and adjudicate upon the appeals from most of the decisions, orders or directions made by the Patent Controller under the Patents Act.
• Therefore, all pending appeals of Indian High Courts under the Patents Act were transferred to IPAB.
• Organization of an IPAB Bench: Each Bench of the IPAB includes a Judicial Member and a Technical Member.
• The qualifications for appointment as a technical member of the IPAB are mentioned in The Trade Marks Act and the Patents Act.
• Jurisdiction: Appeals from the decision of the Controller to the IPAB must be made within three months from the date of the decision/ order or direction, according to the, or within such further time as the IPAB permits, with the appropriate fees.
• An extension is available for filing the appeal by way of a Condonation of Delay (COD) petition.