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ARTICLE · 09 APRIL 2015

Is Intellectual Property Appellate Board (IPAB) Unconstitutional?

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Intellectual Property Appellate Board (IPAB) is one of the most prominent IP tribunal in the country.

IndiaIntellectual Property
Aayush Sharma
Aayush Sharma
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Intellectual Property Appellate Board (IPAB) is one of the most prominent IP tribunal in the country. The IPAB formed under the Department of Industrial policy and promotion, Government of India (DIPP) is all set to hear appeals against the decisions of the Controller General of Patents, Registrar under the Trade Marks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act, 1999. IPAB has its headquarters at Chennai and shall have sittings at Chennai, Mumbai, Delhi, Kolkata and Ahmadabad. It is the only tribunal in India which has a global impact1. Recently the Madras High Court raised a question on the constitution of the IPAB where the Madras High Court headed by the Justice Sanjay Kishen Kaul stated that section 85 of the Trademarks Act, 1999 provided provision for the establishment of the IPAB as "unconstitutional". This judgement will bring down the constitution forming of the IPAB and required for improvement in forming the strong

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