Defining Boundary Lines

Defining the powers and jurisdiction of specialized judicial bodies and the Courts is essential to ensure proper functioning of the legal system. Often there is an overlap between the powers of specialized judicial bodies and Courts; thereby creating ambiguity in legal proceedings. Section 124(1)(b)(ii) of the Trademark Act has been subjected to different interpretation by various Courts in the country. The Application for rectification of a mark before the IPAB deals with validity of trademark registration when a suit is pending before a civil Court. The question is whether prior approval of the Court is necessary in such cases. The Delhi High Court, in the case of Data Infosys Ltd & Ors vs Infosys Technologies Ltd., has made an attempt to define the powers of Courts and the IPAB.