The board was set up in 2003 to hear appeals against decisions of the registrar under the Trade Marks Act, 1999, and the Geographical Indications of Goods (Registration and Protection) Act, 1999.
Counsel split on IPAB
closure
While in-house and private practice counsel see the closure
of India’s Intellectual Property Appellate Board as an opportunity for wider
reform of the country’s overburdened judicial system, they have different views
on how that reform should be achieved, several revealed to Managing IP this
week.
While some say that the technical expertise of IPAB members has
been useful for IP owners, others argue that the huge delays in appointing
experts and members to the board have made the hearing process too arduous.
Mohit Patwardhan, legal and IP counsel at pharma company ACG
Group in Mumbai, says that because the courts are already overburdened, the
Government plans on abolishing Intellectual Property Appellate Board medianama.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from medianama.com Daily Mail and Mail on Sunday newspapers.
In-house: Xiaomi stalling
for time with ETSI suit
Counsel from automotive and telecoms companies told Managing
IP this week that they believed Xiaomi was stalling for time with its bid at
the Paris Court of First Instance to force standards-setting organisation ETSI to
throw out Philips’ 3G and 4G patents.
They said that the case was a long-shot, at best, and that
it was in all likelihood doomed.
“The case is very interesting, but there is no hope here for
Xiaomi to get Philips excluded from ETSI,” says the head of IP and standards
for an international telecoms company. “It’s a very long-winded process and
New bill proposes the abolition of Indiaâs troubled IPAB
16-02-2021
More on this story
01-04-2013
A new draft bill from India’s Union Finance Minister proposes the closure of the country s Intellectual Property Appellate Board (IPAB).
As first reported by SpicyIP, The Tribunal Reforms (Rationalisation and Conditions of Service) Bill 2021, proposed by Nirmala Sitharaman and printed on February 12, suggests the abolition of the board and the transfer of its responsibilities to the commercial and high courts.
“With a view to streamline tribunals, the Tribunals Reforms Bill, 2021 is proposed to be enacted to abolish certain tribunals and authorities and to provide a mechanism for filing appeals directly to the commercial court or the High Court, as the case may be,” the bill reads.