IPAB | Intellepedia

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 the expanded role of Indian High Courts in patent matters after the Tribunals Reforms Ordinance 2021.

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 the previous tribunal system.

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 the resulting legal changes and their implications for trademark registration, dispute resolution, and appellate processes.

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 procedural implications of these changes under the Tribunals Reforms Ordinance 2021, focusing on the Geographical Indications Act.

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 under the Copyright Act, detailing new dispute resolution mechanisms and legal procedures.

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 brief overview of the key statutory amendments affecting intellectual property laws in India.

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 outcomes shaping Indian copyright law.

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 IPAB’s order to remove Rhizome’s mark, clarifying the application of the Trade Marks Act in such disputes.

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 timely disclosure under Indian patent law.

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 from patentable subject matter in India, aligning with recent draft guidelines.