The Intellectual Property Appellate Board

The establishment of the Intellectual Property Appellate Board (IPAB) marks the beginning of a new era in Intellectual Property Rights administration system in India. On September 15, 2003 the Trade Marks Act, 1999 was notified and the IPAB established. However, the IPAB became functional only in December, 2003 with the IPAB Rules being notified in the Gazette.

The primary purpose for the establishment of the IPAB is to provide an appellate forum to expeditiously adjudicate upon appeals from the orders or decisions passed by the Registrar of Trade Marks and Geographical Indications as well as the Controller of Patents. The IPAB has also been conferred original jurisdiction in regard to rectification proceedings under the Trade Marks Act, 1999. The Geographical Indications Act also empowers the IPAB to decide rectification applications in its original jurisdiction. As of now the IPAB has been hearing appeals from the orders passed by Registrar of Trade Marks only. Applications and