Patents officers’ body seek judicial intervention against arbitrary work target

Subject: Science and Technology

Section: Intellectual Property

Context:

The quality of innovation in patents granted in the country may be suffering due to the mad rush to achieve unrealistic targets set up by the Controller General of Patents, Designs, and Trade Mark (CGPDTM) since it’s way above global standards.
In a petition filed before the Central Administrative Tribunal (CAT), the Association has flagged the issue on two counts – for adversely impacting their service conditions and hurting the country’s economic interest.

Central Administrative Tribunal

It had been established under Article 323 – A of the Constitution.
It provides for adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the Union or other authorities under the control of the Government.
In pursuance of Article 323-A, Parliament passed the Administrative Tribunals Act in 1985.
The act authorizes the Central government to establish one CAT and the state administrative tribunals.
This act opened a new chapter in the sphere of providing speedy and inexpensive justice to the aggrieved public servants.
CAT was set up during the Prime Ministership of Rajeev Gandhi.
There are 19 Benches in the CAT all over India.

Composition

The CAT is a specialist body consisting of Administrative Members and Judicial Members who by virtue of their specialized knowledge are better equipped to dispense speedy and effective justice.
A Chairman who has been a sitting or retired Judge of a High Court heads the CAT.

Legal Framework

The Tribunal is guided by the principles of natural justice in deciding cases and is not bound by the procedure prescribed by the Civil Procedure Code.
Under Section 17 of the Administrative Tribunal Act, 1985, the Tribunal has been conferred with the power to exercise the same jurisdiction and authority in respect of contempt of itself as a High Court.
The conditions of service of the Chairman and Members are the same as applicable to a Judge of High Court as per the Administrative Tribunals (Amendment) Act, 2006.
The orders of the CAT are challenged by way of a Writ Petition under Article 226/227 of the Constitution before the respective High Court in whose territorial jurisdiction the Bench of the Tribunal is situated.

Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM)

It functions under the Department of Promotion of Industry and Internal Trade, Ministry of Commerce & Industry.
The Controller General supervises the working of the Patents Act, 1970, the Designs Act, 2000 and the Trade Marks Act, 1999 and also renders advice to the Government on matters relating to these subjects.

Locations of Offices of Patent, Trademark, GI Registry