Few Provisions On Constitution Of IPAB Held Unconstitutional..!!

Certain provisions of the Trademarks Act, 1999 ("the Act") in regard to the qualification of members of Intellectual Property Board of India (IPAB) were held unconstitutional by the Madras High Court ("the Court") on March 10, 2015. The petition was filed by Mr. Shamnad Basheer pleading that Section 85 of the Trademarks Act violates the very basic structure of the Indian Constitution and must be held unconstitutional.

The IPAB is the body for resolving IP issues in India. It exercises jurisdiction over Trademarks, Patents and geographical indication. The provisions of the Trademarks Act provide for the establishment and composition of the IPAB. Section 85 of the Act stipulates the Qualifications for appointment as Chairman, Vice-Chairman, or other Members. It inter alia provides,