Delhi HC Questions The Functionality Of The IPAB

Justice Pratibha Singh of the Delhi High Court has issued notice to the Additional Solicitor General to take instructions from the Central Government in order to furnish information about the dysfunctional Intellectual Property Appellate Tribunal ("IPAB") and on the state of affairs of the IPAB. The IPAB is empowered to hear appeals against the IP office, revocations petitions against trademark and patent matters and fix royalty rates under the Copyright Act, 1957. It is a division bench tribunal with one judicial member and one technical member who is supposed to be an expert either in trademarks or patents or copyright or plant varieties, depending on the matter that is being heard. However, there is currently no judicial member to the Tribunal due to which hearings cannot be conducted.