Chinese Taipei 6:
WTO Secretariat Report (WT/TPR/S/249): III. TRADE POLICIES AND PRACTICES BY MEASURE: (4) MEASURES AFFECTING PRODUCTION AND TRADE: (vi) Intellectual property rights: (a) Overview: (Page 113, paragraph 247)
The Intellectual Property Appellate Board (IPAB) was constituted in 2003 to hear appeals against the decisions of the registrar of trade marks and geographical indications. However, as of 2007 the IPAB has also heard appeals regarding patents.
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Does this mean that all appeals regarding patents are now heard by the IPAB?
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What is the next resort in the process of IP litigation if an appeal is not successful before the IPAB?
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Is the IPAB a judicial authority or purely administrative?
Reply (i): Under Section 117A of the Patents Act, an appeal shall lie to the Appellate Board from any decision, order or direction of the Controller or Central Government under section 15, section 16, section 17, section 18, section 19, Section 20, sub section(4) of section 25, section 28, section 51, section 54, section 57, section 60, section 61, section 63, section 66, sub section (3) of section 69, section 78, sub sections (1) to (5) of section 84, section 85, section 88, section 91, section 92 and section 94.
Reply (ii): High Courts have writ jurisdiction under Art 226 of the Constitution and Special Leave Petition can be taken to appeal before the Supreme Court on a question of law/constitutional issues.
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