By Ananyaa Banerjee and Hema Shekhawat
The Government of India (through the Ministry of Commerce & Industry, Department for Promotion of Industry and Internal Trade – IPR-Estt. Section) has now made available to the public an official notification regarding the dissolution of the IPAB (Intellectual Property Appellate Board). The Office of the Controller General of Patents, Designs & Trade Marks on its website has uploaded a notification dated June 30, 2021, regarding the said dissolution of the IPAB.
The notification contains a copy of the Gazette of India dated April 22, 2021 (CG-DL-E-22042021-226717), wherein it is stated that pursuant to the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, the IPAB stands dissolved w.e.f. from April 04, 2021 [F. No. P-24017/28/2021-IPR-l].
A copy of the said notification can be accessed at https://ipindia.gov.in/writereaddata/Portal/News/728_1_Dissolution_notification_0001.pdf.
The said notification finally closes the chapter of the Board and draws the curtain on the esteemed organisation, which was constituted in 2003, under Section 83 of the Trade Marks Act, 1999.
As noted in our earlier article/update on the subject matter, all proceedings which were pending with the IPAB shall be transferred to the Court before which it would have been filed had this Ordinance been in force on the date of filing of such appeal or application. As such, the functions of the IPAB have been transferred to the appropriate High Courts under various IP Acts.
While the fate of the IPAB has been much debated upon in the last few months, the same stands moot at this point. However, it would be interesting to see how this move pans out, and whether it will lead to an increase in the efficiency of disposal of cases that were pending with the IPAB. For now, we bid adieu to the IPAB and hope that the future remains bright for all stakeholders affected by this.