According to the Secretariat Report, "The Intellectual Property Appellate Board (IPAB) was constituted in 2003 to hear appeals against the decisions of the registrar of trademarks and geographical indications. However, as of 2007 the IPAB has also heard appeals regarding patents". It is known that almost 75% of its judgments were reversed by the High Court last year and a writ petition challenging the legality of the IPAB has been filed with the Madras High Court. So please explain a) the measures IPAB has taken or will take in order to develop its expertise on IPR, also b) any institutional or other systemic backgrounds for the high unsuccessful rate of its judgments and c) specific issue concerning the legality of IPAB.
Reply (a) and (b): IPAB is a specialized appellate body to hear and decide appeals against the decisions of the Registrar of Trade Marks and under section 116 of the Patents Act against the decisions of the Controller of Patents. It exercises the powers and functions previously exercised by the high courts. The Board consists of a Chairman, Vice Chairman and three technical members whose qualifications are commensurate with their judicial responsibility. It is at present chaired by a retired Judge of the High Court of Madras.
Reply (c): IPAB was established under Section 83 of the Trade Marks Act, 199. There are no issues about its legality.
