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275 Managing Intell. Prop. 10 (2018)
IPAB Back in Business (Almost)

handle is hein.journals/manintpr275 and id is 12 raw text is: 














                        IPAB back in



               business (almost)




   Karry   Lai  speaks to India's new Intelectual Property Appellate Board

   chairman Manmohan Singh to see what progress is being made after

nearly   two  years   at a  standstill.  Another interesting development in India

              is the  potential reform of the controversial Form 27







                             After   the retirement of Hon'ble Justice K N Basha
                                  on May 13 2016, Indias Intellectual Property Ap-
                                  pellate Board (IPAB) was almost non-functional
                                  for 19 months. The IPAB was operating with just
                                  one technical member for trade marks (Shri San-
                                  jeev Kumar Chaswal).

                        This situation led to a large backlog ofcases. Writ petitions were
                        filed in Delhi as well as in Chennai in order to fill the vacant
                        seats and make the IPAB functional. This resulted in an expe-
                        dited appointment of the chairman. On November 15 2017
                        the Department of Industry Policy and Promotion issued an
                        office memorandum to fill various posts in the office of the
                        IPAB. Hon'ble Justice (Retd) Manmohan Singh took on the
                        role as the new chairman onjanuary 1 this year.

                        IPAB was established in 2003 to hear and resolve appeals against
                        the decisions ofthe registrar under the Indian Trademarks Act.
                        In 2007, the Board's remit was expanded to include appeals of
                        the decisions ofthe patent controller under the Patents Act.

                        Singh shared with Managing lP that as of October 2017, the
                        IPAB had 2,610 pending trade mark cases. Delhi had 931,
                        Mumbai 730, Chennai 495, Kolkata 238 and Ahmedabad 216.
                        There were a total of 546 pending patent cases as well as II
                        cases pending on geographical indications.


                        Clearing the backlog

                        Some  progress has been made on this since Singh came on
                        board. From January 18 to March 28 this year, 349 cases were
                        listed, 88 cases were disposed of while 15 case orders are re-
                        served. Hundreds of appeals and rectifications were handled.


10   MANAGNGIP.COM  MAY 21

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