Vitiation of IPAB and Beyond – Changes to the Indian Patents Act
The abolition of the IPAB has shifted appellate and adjudicatory functions under the Indian Patents Act to the High Courts. This post analyses the significant legal changes, outlining…
IPAB
23 articles
PPVFR Act and Powers of High Court following the end of IPAB
The abolition of the IPAB has transferred appellate powers under the PPVFR Act to the High Courts. High Courts now adjudicate on appeals concerning plant variety protection, replacing…
Vitiation of IPAB – Changes under the Trade Marks Act
The abolition of IPAB under the Tribunals Reforms Ordinance 2021 has transferred its powers under the Trade Marks Act to the Registrar and High Courts. This post analyses…
Vitiation of IPAB and Beyond – Geographical Indications
The abolition of the IPAB has shifted appellate and rectification authority for geographical indications to the High Courts and Registrars in India. This post analyses the legal and…
Vitiation of IPAB and Beyond – What changes under the Copyright Act now?
The abolition of the IPAB through the Tribunals Reforms Ordinance 2021 has shifted copyright adjudication powers to High Courts and Commercial Courts. This post examines the key changes…
President promulgates Tribunals reforms Ordinance, IPAB goes defunct with immediate effect
The Tribunals Reforms Ordinance 2021 has made the IPAB and several other tribunals defunct, transferring their powers to the High Courts and Commercial Courts. This post provides a…
Indian Copyright Orders and Judgments 2020-Part I
This post reviews important Indian copyright judgments from 2020, analysing court decisions in music, publishing, film, and software disputes. It presents an objective summary of legal principles and…
Court Re-Emphasizes the Exclusion of Generic Terms from Registration
The Madras High Court reiterated that generic terms in trademarks cannot be monopolized and must be assessed as part of the whole mark. The Court set aside the…
The Chemtura Case – Assent from US’ BPAI, but Dissent from India’s IPAB
The Chemtura case highlights IPAB’s approach to inventive step and patent revocation in contrast with the US BPAI’s grant. The decision underscores the significance of precise drafting and…
Section 3(ka): A Decision on a Patent Application Related to Mathematical Methods
The IPAB upheld the rejection of a patent application involving mathematical methods under section 3(ka) of the Indian Patents Act. This decision clarifies the exclusion of mathematical methods…