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Jurisdiction

IPAB exercises jurisdiction over Trademarks, Patents and geographical indications as on date.

The Trademarks Act 1999(47of 1999) in its Statement of Objects and Reasons declared that to achieve the purposes for which the trademark law was re-enacted it was proposed, inter alia , to provide for an Appellate Board for speedy disposal of appeals and rectification applications which then lay before the High Courts. Accordingly the IPAB was established by the Central Government, which was notified in the Official Gazette on 15th Sept 2003.

The IPAB was conferred by this Act with the jurisdiction to hear all appeals from the order or decision of the Registrar and all cases pertaining to rectification of register and all such cases which were then pending before any High Court stood transferred to the IPAB by S.100 of the Trademarks Act 1999.

The Geographical Indications of Goods (Registration and Protection) Act 1999 was enacted to provide for the registration and better protection of geographical indications relating to goods. Among the salient features of the Act was the provision of appellate remedy before the IPAB established under the Trademarks Act.

The Patents (Amendment) Act 2002 was enacted to bring our patent regime in line with the TRIPS agreement. The IPAB was conferred by this Act with the jurisdiction to hear all cases against any order or decision of the controller and all cases pertaining to revocation of patent other than on a counter claim in a suit for infringement and rectification of registers and all such cases which were pending before the High Courts stood transferred to the IPAB by S.117-G of this Act

The IPAB has its headquarters at Chennai. The Registry is situated at Chennai, where sittings are also held. Circuit sittings are held at present at Delhi, Mumbai, Kolkata and Ahmedabad.