IPR: Trademarks: ESTABLISHMENT AND COMPOSITION OF APPELLATE BOARD UNDER THE INDIAN TRADEMARKS ACT

 ESTABLISHMENT AND COMPOSITION OF APPELLATE BOARD UNDER THE INDIAN TRADEMARKS ACT

The Government of India (through the Ministry of Commerce & Industry Department for Promotion of Industry and Internal Trade IPW-Estt. Section has now made available to the public an official notification regarding the dissolution of the PAB intellectual Property Appellate Board The Office of the Controller General of Patents, Deans &Trade Marks on its website has uploaded a da notification dated June 30, 2021, regarding the said dilution of the IPAB

The notification contains a copy of the Gazette of India dated Apr 22, 2021 (CG-DE-22042021-2267171, wherein is stated that pursuant to the Tribunals Reform (Rationalizations and Conditions of Service) Ordinance, 2021, the IPAB stands dissolves we from April 04.2021 1. No. F-24017/3/2021-IPR-1

A copy of the said notification can be accessed at:

https://ipindia.gov.in/writereaddata/Portal/News/728_1_Dissolution_notification_0001.pdf

 

ESTABLISHMENT OF THE APPELLATE BOARD

According to section 83 of the Indian Trademarks Act, 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 or under this Act. The Intellectual property appellate board came into existence on 15th September 2003. Its headquarters is in Chennai and has sittings in Chennai, Mumbai, Kolkata, and Ahmedabad.

PURPOSE OF THE APPELLATE BOARD

The Intellectual Property Appellate Board was constituted to hear appeals from the orders passed by the registrar under the Trademarks Act, the Geographical Indications of Goods (Registration and Protection) Act, and from the decisions, orders or directions made by the Patent Controller under the Patents Act. 

COMPOSITION OF THE APPELLATE BOARD

The Appellate Board constituted under the Trademarks Act consists of three types of members: the chairman, the vice-chairman, and other members who are nothing but the technical and judicial members. The other members are appointed by the Central government as it deems fit. Its powers and authority can be exercised by the benches. From time to time, a notification is sent out by the board which directs the division of the subject matters between the benches. It consists of one technical and judicial member. The Central Government can appoint other officers to assist the board in discharging its functions as it deems fit.

RESIGNATION OR REMOVAL OF THE MEMBERS

The members of the appellate board/bench can resign by giving notice to the President and he shall be deemed to have vacated the office after the expiry of three months from the sending of the notice. The member can vacate the office before the expiry of the said period if the President allows it or if a new person is appointed to fill the post. None of them can be removed before the expiry of their term except by an order of the President on the basis of proved misbehaviour or incapacity by a judge of the Supreme Court. This must be done only after informing the member of the charges against him and providing him with a reasonable opportunity of being heard.  

FUNCTIONS OF THE APPELLATE BOARD

When a person is aggrieved by the order of the registrar, he shall file an appeal within three months of the passing of the order before the board. The board can hear cases after the expiry of the said period if there is sufficient and reasonable cause for not being able to file for an appeal before the specified time. The appeal must be filed in the prescribed form and manner along with a copy of the order against which the appeal is filed. An application can be filed for the rectification of the register under sec 57 of the Act and when the board passes an order regarding this, the certified copy of the order is communicated to the registrar. The registrar gives effect to the order by amending or rectifying the contents in the register. 

POWERS OF THE APPELLATE BOARD

The board is not bound by the rules of the civil procedure code. It is bound by the principles of natural justice and has the power to regulate its own procedure like deciding the time and place of the meeting. It shall have the same power like that of a court trying a suit under the civil procedure code like receiving evidence, examining the witness, requisitioning any public record etc. The proceeding before this board is deemed to be a judicial proceeding and the board is considered to a civil court. After the constitution of this board, no other court has the jurisdiction to try cases that come under the purview of this board. No interim order can be passed by the court unless the copy of the order against which appeal is initiated and the documents in support of the claim for the interim order is provided.

The registrar has the right to appear in a legal proceeding where the issue is regarding the amendment or rectification of the register. The registrar also has the right to appear in a proceeding in relation to the rejection or amendment of the application of the registration of the trademark. The registrar will appear also if he is directed by the Board. The registrar can also provide a written statement with particulars in support of his contention which will be regarded as evidence. A trademark can be removed from the register on the application made to the registrar or the appellate board