The Central Government through an Ordinance, to be specific the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021, published in the Gazette of India dated April 4th, 2021 (the “ordinance”) has nullified the Intellectual Property Appellate Board (IPAB) which was set up in 2003 under Trade Marks Act, 1999 and was exercising original and appellate jurisdiction under the provisions of the Patents Act, 1970, the Copyright Act, 1957 and the Geographical Indications of Goods (Registration and Protection) Act, 1999.

The Ordinance has in like manner revoked the Plant Varieties Protection Appellate Tribunal under the Protection of Plant Varieties and Farmers’ Rights Act, 2001. As per the provisions of the Ordinance, which has become effective from April 4th, 2021, all appeals against the decisions of the Registrar of Trademarks, the Registrar of Geographical Indications and the Controller of Patents would now be filed in the concerned High Courts and the appeals against the decision of the Registrar of Copyright before the concerned Commercial Courts including the Commercial Division of the High Courts. The appeals pending before the IPAB, as of April 4th, 2021 would in like manner be moved to the specific High Courts however the cases recorded under the Copyright Act, 1957 would be moved to the different Commercial Courts.

Abolition of IntellIPAB) Rationalisation and Conditions of Service Ordinance, 2021

CategoryIP News, Trademark