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Thought of the MomentAn inventor is dissatisfied with current reality. This dissatisfaction spurs the inventor to create a better world! |
Intellectual Property Appellate Board (IPAB)Publication Date: 29-Aug-2007 Introduction to Intellectual Property Appellate Board. A briefer on Jurisdiction, procedures etc. of IPAB. The Indian Government constituted the Intellectual Property Appellate Board ("IPAB") on September 15, 2003 to hear and adjudicate appeals against the decisions of the Registrar under the Indian Trade Marks Act, 1999 and the Indian Geographical Indications of Goods (Registration and Protection) Act, 1999. The IPAB has since April 2, 2007 been extended to Patent law and is now authorized to hear and adjudicate upon appeals from most of the decisions, orders or directions made by the Patent Controller. ("Controller") Also vide a Notification all pending appeals from Indian High Courts under the Patents Act were to be transferred to the IPAB from April 2, 2007. The IPAB has its headquarters at Chennai and has sittings at Chennai, Mumbai, Delhi, Kolkata and Ahmedabad. JurisdictionEvery appeal to the decision of the Controller to the IPAB must be made within 3 (three) months from the date of the decision, order or direction, as the case may be, or within such further time as the IPAB may permit, along with the prescribed fees. The IPAB has appellate jurisdiction against the decision of the Controller or Central Government of India in matters pertaining to:
ExceptionsThe IPAB (Procedure)Rules, 2003 ("Rules") exempt orders passed by Central Government of India with respect to inventions pertaining to defense purposes, including directions of secrecy in respect of such inventions, revocation if the patent is contrary to prejudicial to public interest, or pertains to atomic energy, from the purview of appeal to the IPAB. An order of the controller granting an extension of time under any provision of the Patent Act 1970 is also not appealable Transfer of pending proceedings to IPABThe IPAB is the sole authority to exercise the powers and adjudicate proceedings arising from an appeal against an order or decision and all the cases pertaining to revocation of patent other than a counter-claim in a suit for infringement and rectification of register pending before the Indian High Court shall be transferred to the IPAB. In case of a counter-claim in a suit for infringement, the Indian High Court continues to be the competent authority to adjudicate on the matter. The IPAB also has exclusive jurisdiction on matters related to revocation of patent and rectification of register. The IPAB in its sole discretion may either proceed with the appeals afresh or from the stage where the proceedings were transferred to it. MiscellaneousThe Controller has right to appear and be heard in any legal proceedings before IPAB seeking alteration/rectification of register on the grounds of practice of the Patent Office or any legal proceedings concerning the Controller's decision to grant/amend any un-opposed patent application or any legal proceeding concerning the patent application which is opposed and the Controller thinks his appearance is necessary in the interest of the public. In any legal proceedings before the IPAB, the Controller is not liable to pay costs. Procedural AspectsThe IPAB also has powers to make rules consistent with the Patents Act 1970 pertaining to conduct of proceedings. Every appeal shall be made in the prescribed format with appropriate fees as per the provisions of the Intellectual Property Appellate Board (Procedure) Rules, 2003 within 3 (three) months of the decision of the Controller/Central Government of India. |
