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With some 4,000 unheard cases and multiple vacancies unfilled, India’s Intellectual Property Appellate Board could be regarded as unfit for purpose. But, as WIPR’s Saman Javed discovers, the country’s lawyers carry on regardless.
It has been revealed in a Delhi High Court judgment that as of July 8, there were approximately 3,935 cases pending adjudication at the country’s Intellectual Property Appellate Board (IPAB).
In its judgment, the court in Mylan Laboratories v Union of India & Ors said it was “pained to note” that the board is yet to determine a single case related to copyright since it was first established in 2003, as a key post has remained vacant.
Under Indian law, the IPAB can adjudicate on matters only when it is operating with a complete bench comprising a chairman and a technical member.
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IPAB, Delhi High Court, copyright registrations, patent litigation, trademarks, plant varieties, IP right owner, CIPAM, infringement, inventions, e-filings