Appeal against IPAB’s Order can be filed directly before Supreme Court

December 13, 2019

On December 06, 2019, the Ministry of Commerce and Industry has reiterated in a press release that any appeal against an order of the Intellectual Property Appellate Board (hereinafter referred to as ‘IPAB’) can be filed directly before the Hon’ble Supreme Court.

The press release can be accessed here.

The press release mentions that the applicants of Intellectual Property Rights are allowed to directly file a Special Leave Petition (hereinafter referred to as ‘SLP’) before the Apex Court against an order passed by the IPAB. They also have an option of choosing the avenue of filing a writ petition before the appropriate High Court against orders of the IPAB and Intellectual Property Offices by the virtue of Article 226 of the Indian Constitution and then file SLP before the Supreme Court.

Furthermore, the press release also states that Ministry of Law & Justice only vets the amendments proposed by concerned Ministry or Department. As provisions are already in place for filing SLP against orders of IPAB and also against writ petitions disposed by the High Court with respect to IPAB and IP offices and therefore and there is no proposal under consideration for amendment by Department of Promotion of Industry and Internal Trade (DPIIT).

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