Intellectual Property Appellate Board
Introduction
Section 83 to 100 of the Trademarks Act,1999 deals with the appellate board which is known as the Intellectual Property Appellate Board. The Intellectual Property Appellate Board is headquartered in Chennai and sitting in, Mumbai, Delhi, Ahmedabad and Kolkata.
Appellate board for the purpose of the patent act is the same as constitutes under the trademarks act,1999.
Intellectual Property Appellate Board –
To exercise the jurisdiction, power and authority conferred on it by under the trademarks act,1999.
Composition of Intellectual Property Appellate Board
Section 84 of the Trademarks Act,1999 deals with the Composition of Appellate board. it consists –
- Chairman
- Vice-chairman
- Other members as the central government may deem fit
- One judicial member
- One technical member
Qualification
A) Qualification of chairman
1) He/she is or has been a judge of high court
2) He has held office of vice-chairman for two years.
B) Qualification of vice-chairman
1) He has for a least two years,held the office of judicial member or technical member.
2) member of Indian legal service and at least five years of experience.
C) Qualification of Judicial Member
1) Member of Indian legal service and at least three years of experience.
2) Ten years of experience in civil judicial office.
D) Qualification of Technical Member
1) Ten years of experience in the tribunal under trademarks act 1999 or under the Trade and Merchandise Marks Act, 1958 or Both.
2) Three years of experience as a post not lower than the post of a Joint Registrar.
Term of office
1) Term of office of Chairman, Vice-Chairman and other Members is five years from the date on which he enters upon his office.
2) Chairman and vice-chairman – The age of 65 years.
3) Judicial member, Technical member and other members – The age of 62 years.
Chairman, Vice-Chairman or any other member shall not be removed from office other than by order of the President.
The Intellectual Property Appeal Board (IPAB) was constituted by the Government of India on September 15, 2003 to hear and resolve appeals against the decision of the Registrar under the Indian Trademarks Act, 1999, 1999 and the Geographical Indications (Registration and Protection of Goods) Act. , 1999.