The recently constituted Intellectual Property Appelate Board (IPAB) at Chennai, envisaged for speedy disbursal of trademark and intellectual property related disputes, is yet to take up cases related to Intellectual Property (IP) since the central government has not yet notified to delegate powers to the Board on cases related to IP.

Top level sources with the board, which started functioning about a month ago, told Pharmabiz that the Ministry of Commerce and Industry is yet to notify the board delegating cases related to IP, it is taking up cases related only to trademarks. The government notification was likely to come within a few months, and then the IP related disputes pending in various High Courts would be transferred to IPAB, said sources.

Intellectual Property Appellate Board has been constituted based on a Gazette notification of the central government in the Ministry of Commerce and Industry on 15th September 2003 to hear appeals against the decisions of the Registrar under the Trade Marks Act, 1999 and the Geographical Indications of Goods (Registration and Protection) Act, 1999. The board has its headquarters in Chennai, and has sittings at Mumbai, Delhi, Kolkata and Ahmedabad.

One of the main objectives in constituting the board is speedy disposal of appeals and rectifications of applications, which are at present pending in various High Courts. The Appellate Board has powers to entertain original applications for rectifications of the register of trademarks, and can take up applications for rectifications of the register. Therefore, under section 100 of the Act, the government has notified to transfer all cases of appeals against any order or decision of the Registrar of Trade Marks and all cases pending for rectification of the register before any High Court, said sources.

So far, the board has received more than 300 cases related to trade marks from various high courts, including fresh appeals from companies. The board has fixed a timeframe for disbursing the cases, and four to ten cases are being taken up during the days of hearing since January 5, 2004.

Sources informed that with the onset of WTO regime within a year, the chances for IP and trademark related disputes would be high, and the board would have an important role in the cases originating from the country. Chairman Justice S Jagadeeshan, vice-Chairman Dr Raghubir Singh, Technical member TR Subramaniam and deputy registrar A Mohan Kumar head IPAB, which has about 30 staff at Chennai.