NEWS

Supreme Court dismisses petition for extension of IPAB Chairman’s term

By Pallavi Paul                                             May 19, 2020

The International Association for Protection of Intellectual Property (India Group) had filed an application to extend the tenure of the present IPAB Chairman Justice (Retd.)  Manmohan Singh. The Hon’ble Court dismissed the petition and declared that undoubtedly Section 89A of the Finance Act was to override the tenure limits of Section 86 of the Trademarks Act but in the case of members of Chairpersons, 

NEWS

By Pallavi Paul                                             May 19, 2020

the tenure fixed by the Central Government would override the tenure of 5 years limit prescribed under the Finance Act. The Court further stated that in case of vacancy or the Chairperson’s inability to function, the Senior most member of the board, the vice-chairperson, or the technical members of the Committee who are practicing advocates in specialized fields of Intellectual Property having practical experience of 10-15 years are competent to act as Chairperson. No relief was granted and the application was dismissed with no order on costs.