Appellate Board Under Trade Marks Act, 1999
The Trademarks Act 1999, the Intellectual Property Appellate Board was granted the jurisdiction to hear all cases pertaining to the Appeals from the Order or Decision of the Registrar and all other cases pertaining to Rectification of Registered Trademarks, which were then pending before any High Court. All such cases stood transferred to the IPAB under Section 100 of the Trademarks Act 1999.
Intellectual Property Appellate Board, official site, Retrieved on 15th January, 2018.
The Central Government shall establish an Appellate board also known as Intellectual Property Appellate Board. The central government establishes appellate board by notification in official gazette. The purpose of establishment of board provides to exercise the jurisdiction, powers and authority.
Composition of Appellate Board
The Appellate Board shall consist of a Chairman, Vice chairman and number of other Members, as the Central Government may deem fit. The jurisdiction, powers and authority of the Appellate Board may exercised by Benches thereof. A bench shall consist of one Judicial Member and one Technical Member. They shall sit at a place specified by notification made by central government in the official Gazette. The Chairman may-
- discharge the functions of the Judicial Member or Technical Member of the Bench to which he so appointed. Chairman can also discharge the functions of the Judicial Member or the Technical Member for any other bench.
- transfer a Member from one Bench to another Bench.
- authorize the Vice chairman, the Judicial Member or the Technical Member appointed to one Bench to discharge also the functions of the Judicial Member or the Technical Member of another Bench.
The Central Government may by notifying from time to time, make provisions as to the distribution of the powers of the Appellate Board amongst the Benches. Central government may also specify the matters to handled by each of bench. If any question arises as to whether any matter falls within powers of a Bench, the decision of the Chairman shall final.
If the Members of a Bench has different opinion on any point. Then they shall state the point of difference. They shall also make a reference to the chairman. Chairman shall either hear the points or refer the case for hearing on such point or points by one or more of the other Member and such point or points shall be decided according to the opinion of the majority of the Members who have heard the case, including those who first heard it.
Qualifications for appointments as Chairman, Vice-Chairman, or other Member
1) A person shall not qualified for appointment as the Chairman unless he –
- is, or has been, a Judge of a High Court, or
- has held the office of a Vice-Chairman for at least two years.
(2) A person shall qualify for appointment as the Vice-Chairman, if he-
- has held the office of a Judicial Member or a Technical Member for at least two years, or
- has acted as a member of the Indian Legal Services and
- also has held a post in Grade 1 of that Service or
- any higher post for at least five years.
(3) A person shall qualify for appointment as a Judicial Member, if he has-
- acted as a member of the Indian Legal Service and
- held the post in Grade 1 of that Service for at least three years,
- held a civil judicial office for at least ten years.
(4) A person shall qualify for appointment as a Technical Member, if he or
- has practiced as an advocate of a proven specialized experience in trade mark law for at least ten years,
(5) The president of India shall appoint the Chairman, Vice-Chairman and every other Member.
(6) If the Members of a Bench differ in opinion on any right, they shall state the point or points on which they differ, and make a reference to the Chairman who shall either hear the points himself or refer the case for hearing on such point or points by one or more of the other Members and such point or points shall be decided according to the opinion of the majority of the Members who have heard the case, including those who first heard it.