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5 appellate tribunals to be scrapped
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5 appellate tribunals to be scrapped
Rupali Mukherjee / TNN / Updated: Apr 6, 2021, 08:48 IST
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(Representative image)
MUMBAI: The government promulgated an ordinance on April 4 to dismantle five appellate tribunals, including Intellectual Property Appellate Board (IPAB), which takes up disputes between companies on intellectual property, across fields of technology, engineering and pharmaceuticals.
The Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021 scraps IPAB, among other tribunals, with effectively now high courts expected to take up disputes of patents, trademarks and geographical indications, while copyright matters will be heard in commercial courts.
The move, which has come as a shock in legal circles, is possibly being done after the earlier plan of scrapping IPAB through the legislative route was strongly opposed, experts say, adding that it may lead to delays
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The new framework applies to defaults occurring during the pandemic period and is based on the ‘debtor-in-possession’ model with the involvement of a resolution professional only to monitor the process to ensure transparency.
NEW DELHI: The government has amended the Insolvency & Bankruptcy Code to provide for prepackaged resolution framework for micro, small and medium enterprises (MSMEs) through promulgation of an ordinance.
The alternative insolvency resolution framework is expected to bring about a quicker and more cost-effective process for MSMEs that would maximise value while being least disruptive to business, according to the ordinance, issued late Sunday.
Prepackaged insolvency resolution is seen advantageous as a resolution plan can be settled upon outside of court, leading to fewer business disruption costs, lower legal and procedural costs and less time in court.
Ordinance to usher in tribunal reforms issued
April 05, 2021
Appellate authorities in 9 laws replaced with High Courts
The Centre has replaced Appellate authorities under as many as nine laws with High Courts. This has been done through the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance 2021, which was promulgated on Sunday.
Through this Ordinance, appellate authorities under nine Acts have been done away with and the right to hear appeals under the statue has been conferred on High Courts.
Also, certain amendments have been introduced to the Finance Act 2017 involving the qualifications and tenure of the Chairperson and members of Tribunals. Amendment has also been made to restrict the tenure of Chairperson of a Tribunal to a term of four years or till the age of 70, whichever is earlier. For members of a Tribunal, the term of office will be four years or till they attain the age of 67 , whichever is earlier.
Govt notifies tribunals reforms bill through ordinance
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Last Updated: Apr 05, 2021, 03:34 PM IST
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Synopsis
In the Cinematograph Act, the appellate body will now be the High Court instead of the tribunal, while in the Copyright Act, commercial court or the commercial division of the High Court has been made the appellate body instead of appellate Board. Similarly, the High Court will replace the Board in the Patents Act and Trade Marks Act.
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Bill brings into effect dissolution of several appellate bodies and transferring their functions to judicial bodies.
The government Monday enacted the law on tribunal reforms bringing into effect dissolution of several appellate bodies and transferring their functions to judicial bodies.