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Mrz 25, 2021 (Newsletter Issue 6/21)
India
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IP Appellate Board Endangered


On February 11, 2021, the Ministry of State Finance submitted the bill titled “The Tribunals Reforms (Rationalisation and Conditions of Service) Bill, 2021”. This bill will reform the tribunal structure system and will endanger the continuation of the Intellectual Property Appellate Board (IPAB).

In 2003, the IPAB was constituted 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. Later in 2007, the 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.

Should the bill pass through, the competencies of IPAB will be taken over by the commercial and high courts of the country.


Source: www.intellectual-property-helpdesk.ec.europa.eu