IPAB ceases to exist in India

The President of India has promulgated an Ordinance (defined hereinafter) abolishing the Intellectual Property Appellate Board (IPAB) which was entrusted with certain matters falling under various Intellectual Property Rights laws (IPR laws).

IPAB was established in 2003 as an appellate body to decide appeals against certain decisions passed under Trade Marks Act 1999 (Trade Marks Act) and Geographical Indications of Goods (Registration and Protection) Act 1999 (GI Act). Subsequently, IPAB was also entrusted with certain matters under the Patents Act 1970 (Patents Act), Copyright Act 1957 (Copyright Act) and Protection of Plant Varieties and Farmers’ Rights Act (Plant Varieties Act).

The Ordinance

Earlier this year, the Government introduced The Tribunals Reforms (Rationalisation and Conditions of Service) Bill, 2021 (Bill). This Bill had created a lot of buzz in the field of intellectual property as the Government intended to abolish many tribunals (which includes IPAB as well). This was with the stated aim to give impetus to speedy delivery of justice and to attempt to reduce the burden on the Government’s exchequer. The Bill mentioned that tribunals merely add an “additional layer” to litigation, thereby leading to delay in final disposal of matters.

Since the Bill could not be taken up for consideration, the President of India, exercising his powers under Article 123 of the Constitution of India, has promulgated The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance 2021 (Ordinance) which has come into immediate effect from 4 April 2021. Pursuant to the Ordinance, certain provisions of aforementioned IPR laws have been amended/deleted/substituted which has effectively abolished IPAB. The Ordinance has also abolished certain other tribunals formed under other laws.

Key changes under the IPR laws:

Comment:

Being an ordinance, although it has the force of law, it remains to be seen if the Ordinance will stand the litmus test in the Parliament and if it will be enacted into a legislation. For the time being, IPAB has become functus officio.

While initially it would be an administrative challenge to transfer the pending matters to concerned High Court/ Commercial Court, in the longer run, it could be helpful in expeditious disposal of IP matters. It is apposite to mention that due to the limited number of judges in the High Court / Commercial Court, there has been long pendency of cases. Thus, there is a need to expedite appointment of new judges and also sensitization of judges to the technical aspects of IP matters, so that the true fruits of the Ordinance can be accomplished.

-         Smriti Yadav (Partner) and Shwetank Tripathi (Senior Associate)

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