Shivani Pandey-
The parliamentary standing committee on commerce has suggested the re-establishment of the Intellectual Property Appellate Board (IPAB), which was scrapped last year, given its significant role in adjudicating intellectual property rights (IPR) appeals and cases.
The panel observed that “The abolition of the specialized tribunal handling complex issues related to IPR may create a void in the appellate resolution of cases, driving them to Commercial or High Courts thus, increasing pendency of cases.”
The committee recommended to the government that “IPAB should be re-established, rather than being abolished, and should be empowered and strengthened with more structural autonomy, infrastructural and administrative reforms, as well as ensuring the timely appointment of officials and experienced manpower,”
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However, through the Tribunal Reforms (Rationalisation and Conditions of Service) Ordinance, 2021, the IPAB was abolished along with four other tribunals on 4 April.
The committee was informed by the industry department that various difficulties led to the abolition of the IPAB and setting up of dedicated benches in the High Court for dealing with IPR cases, would be pursued through the law ministry.
It was informed that undue delay in the appointment of members and experts at all levels of the IPAB has affected its optimal performance, causing disruptions in the adjudication of IPR cases.
The department further highlighted that IPAB has faced issues in the appointment of the chairperson, a post that had fallen vacant on 31 December 2020.
