Also contains on-going cases relating to 'merger of copyright board with IPAB' . The pictures of Chairmen and Vice Chairmen are taken from the IPAB website for the purpose of education.
2. TRADEMARKS ACT - S.83. Establishment of Appellate Board.-
The Central Government shall, by notification in the Official Gazette, establish an
Appellate Board to be known as the Intellectual Property Appellate Board to exercise
the jurisdiction, powers and authority conferred on it by under this Act.
PATENTS ACT – S.116(1) Subject to the provisions of this Act, the Appellate
Board established under section 83 of the Trade Marks Act, 1999 shall be the
Appellate Board for the purposes of this Act and the said Appellate Board shall
exercise the jurisdiction, power and authority conferred on it by or under this Act
GI ACT - S.2. Definitions and interpretation.—(1) In this Act, unless the context
otherwise requires,— (a) “Appellate Board” means the Appellate Board established
under section 83 of the Trade Marks Act, 1999.
COPY RIGHTS ACT - S.11 (AS AMENDED BY FINANCE ACT, 2017 – S.160)
The Appellate Board establishes under Section 83 of TM Act, 1999 shall from the
commencement of Part XIV of Chapter VI of The Finance Act, 2017, be the
Appellate Board for the purposes of this Act and the said Appellate Board shall
exercise the jurisdiction, powers and authority conferred on it by or under this Act.
3. - Tax Friends Association v. UOI
- MBA v. UOI
PIL/72/2017, Bombay HC filed on July 12, 2017
DIVISION BECNCH – CJ Manjula Chellur, Justice NM Jamdar
WP 15147 and 15148 of 2017, Madras HC, filed on June 28, 2017.
DIVISION BECNCH – CJ Indira Banerjee, Justice M Sundar
Claiming Government abused provisions of Constitution relating to ‘Money Bills’ and
has taken back door to bypass the Rajya Sabha.
4. THE TRADEMARKS ACT,1999 – CHAPTER XI ( Sections 83 to 100 )
THE PATENTS ACT, 1970 – CHAPTER XIX ( Sections 116 to 117H )
GEOGRAPHICAL INDICATIONS OF GOODS
(REGISTRATION AND PROTECTION) ACT, 1999 – CHAPTER VII ( Sections 31 to 36 )
THE FINANCE ACT, 2017 Section 160, 161, 162
THE COPYRIGHT ACT, 1957 – ( Sections 11, 12, 72 )
5. COMPOSITION (S.83 of TM Act)
BOARD-
A CHAIRMAN
A VICE-CHAIRMAN
OTHER MEMBERS AS CENTRAL GOVERNMENT DEEMS FIT (S.84(1))
BENCH-
1 JUDICIAL MEMBER
1 TECHNICAL MEMBER (S.84(2))
-QUALIFICATION (S.85 TM ACT) , (S.116(2) PATENT ACT)
-TERM (S.86 TM ACT)
6. Mr.JusticeS.Jagadeesan
(15.09.2003 to 18.03.2006
Shri M.W.S.Ansari
(29.11.2006 to 19.03.2008) Shri.Z.S.Negi
(19.03.2006 to 28.11.2006
and 20.03.2008 to 10.8.2010
Mrs.Justice Prabha Shidevan
(09.05.2011 to 08.08.2013)
Mr.Shri.Justice K.N.Basha
(23.08.2013 to 13.05.2016)
Dr.Raghubir Singh
(15.09.2003 to 14.03.2005)
Shri.Z.S.Negi
(27.02.2006 to 19.03.2008)
Ms.S.Usha
(22.06.2009 to
21.06.2014)
Acting
Chairman
(14.05.2016
to present)
Shri Sanjeev
Kumar Chaswal
7. - Discharge functions of Judicial Member/Technical
Member (S.84(3)(a))
- Authorise VC, Judicial Member/Technical Member
to discharge functions of Judicial/Technical
Member of another bench. (S.84(3)(c))
- Transfer a member from
one Bench to another.
(S.84(3)(b))
- To take final decision as to
whether any matter falls
within the purview of the
business allocated to a
Bench (S.84(5))
8. 89. Resignation and removal.-
(1) The Chairman, Vice-Chairman or any other Member may, by notice in writing
under his hand addressed to the President of India, resign his office.
Provided that the Chairman, Vice-Chairman or any other Member shall, unless
permitted by the President of India or relinquish his office sooner, continue to hold
office until the expiry of three months from the date of receipt of such notice or until a
person duly appointed as his successor enters upon his office or until the expiry of his
term of office, whichever is earlier.
(2) The Chairman, Vice-Chairman or any other Member shall not be removed from his
office except by an order made by the President of India on the ground of proved
misbehavior or incapacity after an inquiry made by a Judge of the Supreme Court in
which the Chairman or other Member had been informed of the charges against him
and given a reasonable opportunity of being heard is respect of those charges.
(3) The Central Government may, by rules, regulate the procedure for the
investigation of misbehavior or incapacity of the Chairman or other Member referred
to in sub-section (2).
9. TM ACT –S.91. Appeals to Appellate Board.—
(1) Any person aggrieved by an order or decision of the Registrar under this Act, or the rules made thereunder may
prefer an appeal to the Appellate Board within three months from the date on which the order or decision sought
to be appealed against is communicated to such person preferring the appeal.
(2) No appeal shall be admitted if it is preferred after the expiry of the period specified under sub-section (1):
Provided that an appeal may be admitted after the expiry of the period specified therefor, if the appellant satisfies the
Appellate Board that he had sufficient cause for not preferring the appeal within the specified period.
(3) An appeal to the Appellate Board shall be in the prescribed form and shall be verified in the prescribed manner
and shall be accompanied by a copy of the order or decision appealed against and by such fees as may be prescribed.
COPY RIGHT ACT S.72. Appeals against orders of
Registrar of Copyrights and Copyright Board (1) Any
person aggrieved by any final decision or order of the Registrar
of Copyrights may, within three months from the date of the
order or decision, appeal to the Copyright Board. (2) Any
person aggrieved by any final decision or order of the
Copyright Board, not being a decision or order made in an
appeal under sub-section (1), may, within three months from
the date of such decision or order, appeal to the High Court
within whose jurisdiction the appellant actually and voluntarily
resides or carries on business or personally works for gain:
Provided that no such appeal shall lie against a decision of the
Copyright Board under section 6. (3) In calculating the period
of three months provided for an appeal under this section, the
time taken in granting a certified copy of the order or record of
the decision appealed against shall be excluded.
PATENT S.117A(2) An appeal shall lie to the Appellate Board
from any decision, order or direction of the Controller or
Central Government under section 15, section 16, section 17,
section 18, section 19,section 20, sub-section (4) of section 25,
section 28, section 51, section 54, section 57, section 60, section
61, section 63, section 66, sub-section (3) of section 69, section
78, sub-sections (1) to (5) of section 84, section 85, section 88,
section 91, section 92 and section 94.
10. TM ACT –S.92. Procedure and powers of Appellate Board.-
(1) The Appellate Board shall not be bound by the procedure laid down in the Code of
Civil Procedure., 1908 (5 of 1908) but shall be guided by principles of natural justice
and subject to such provisions of this Act and the rules made thereunder, the Appellate
Board shall have powers to regulates its own procedure including the fixing of places
and times of its hearing.
(2) The Appellate Board shall have, for the purpose of discharging its functions under
this Act, the same powers as are vested in a civil court under the Code of Civil
Procedure, 1908 (5 of 1908) while trying a suit in respect of the following matters,
namely:-
(a) receiving evidence;
(b) issuing commissions for examinations of witnesses;
(c) requisitioning any public record, and
(d) any other matter which may be prescribed.
(3) Any proceeding before the Appellate Board shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228, and for the purpose of section
196, of the Indian Penal Code (45 of 1860), and the Appellate Board shall be ( 2 of
1974).