The Intellectual Property Appellate Board (IPAB) was established under the Intellectual Property Appellate Board Act, 2002, to hear appeals against the decisions of the Registrar of Trademarks and the Registrar of Geographical Indications.

Overview

The IPAB was set up to provide a specialized forum for hearing appeals in intellectual property matters, with the aim of providing faster and more efficient dispute resolution. The Board has jurisdiction to hear appeals against decisions of the Registrar of Trademarks, the Registrar of Geographical Indications, and the Controller of Patents and Designs. The IPAB has the power to grant interim relief and to pass orders for the preservation of evidence.

The Intellectual Property Appellate Board Act, 2002 [1] is the primary legislation governing the functioning of the IPAB. The Act provides for the establishment of the IPAB and defines its jurisdiction and powers. The IPAB Rules, 2003 [2] and the IPAB (Procedure) Rules, 2007 [3] provide further details on the procedure to be followed by the IPAB.

Procedure

The procedure for filing an appeal before the IPAB is as follows:

  • The appellant must file a written statement of case and grounds of appeal within 30 days from the date of receipt of the decision of the Registrar.
  • The respondent must file a written statement of case and grounds of opposition within 30 days from the date of service of the notice of appeal.
  • The IPAB may, at any stage of the proceedings, permit the parties to file additional evidence or to amend their pleadings.
  • The IPAB may, after hearing the parties, pass an interim order or a final order, as the case may be.

Key Cases

  • Shriram EPC LLC v. M/s. SRF Limited [4] (2013): The IPAB held that the Registrar's decision to refuse registration of a trademark was not justified and allowed the appeal.
  • M/s. Procter & Gamble (India) Private Limited v. M/s. Reckitt Benckiser India Limited [5] (2015): The IPAB held that the Registrar's decision to refuse registration of a trademark was justified and dismissed the appeal.
  • M/s. Britannia Industries Limited v. M/s. Britannia Industries Limited [6] (2017): The IPAB held that the Registrar's decision to cancel the registration of a trademark was not justified and allowed the appeal.

See Also

  • Intellectual Property Rights
  • Trademark Registration
  • Geographical Indications
  • Patent Office
  • Controller of Patents and Designs
  • Registrar of Trademarks
  • Registrar of Geographical Indications

References

  1. https://www.indiacode.nic.in
  2. https://ipindia.gov.in
  3. https://indiankanoon.org
  4. https://indiankanoon.org
  5. https://indiankanoon.org
  6. https://indiankanoon.org