ashoka

 

INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

F.No. A-12033/1/2003-IPAB-CHN                                                                                                                          Dated the 8th October, 2014 

 

                                                                                      ORDER NO.11/2014

 

            In exercise of the powers conferred under Section 84 of the Trade Marks Act, 1999 and

Section 117B of the Patents Act, 1970 read with Section 84 of the Trade Marks Act. I hereby

constitute the Bench as under:

 

S. No.

Period

 

Place

1

6.1.2015 to 9.1.2015

Kolkata  (Trademarks)

2

19.1.2015 to 22.1.2015 

Delhi (Trademarks)

3.

16.2.2015 to 20.2.2015

Delhi (Trademarks)

4.

10.3.2015 to 13.3.2015 

Ahmedabad (Trademarks)

5.

23.3.2015 to 27.3.2015

Delhi (Patent)

6.

20.4.2015 to 24.4.2015

Delhi (Trademarks)

7.

11.5.2015 to 15.5.2015

Delhi (Trademarks)

8.

8.6.2015 to 10.6.2015

Mumbai (Trademarks)

11.6.2015 to 12.6.2015

Mumbai (Patent)

9.

29.6.2015 & 30.6.2015

Kolkata (Patent)

1.7.2015 & 2.7.2015

Kolkata (Trademarks)

 

           Due to administrative exigency, the Kolkata Circuit Bench Sitting

scheduled during the period from 15.12.2014 to 19.12.2014  stands cancelled.

                                                                                                                            Sd/-

                                                                                                                     (Chairman)

 

                                                                             /Copy forwarded/By Order/

                                                                                         Deputy Registrar

 

Copy to: 1. PS to Hon’ble Chairman

               2. Hon’ble Technical Member (Patents)

               3. Hon’ble Technical Member (Trade Marks)

               4. Court Officer – I

               5. Court Officer – II

 

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                        INTELLECTUAL PROPERTY APPELLATE BOARD

                            Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

                                        Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

                                                                * * * * * * * * * * * *

                                                                                        Dated: 24.9.2014

                                        ORDER NO.09/2014

        In exercise of the powers conferred under Section 84 of the Trade Marks

Act, 1999, I hereby reconstitute the Bench as under:

                    Period                                     Place

                11.11.2014 to                                Mumbai

                14.11.2014                                    (Trade Marks)

 

                                                                            Sd/-

                                                                        Chairman

                    /Copy forwarded/By Order/

 

                                                                DEPUTY REGISTRAR

           

 

 

 

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                        INTELLECTUAL PROPERTY APPELLATE BOARD

                            Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

                                        Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

                                                                * * * * * * * * * * * *

 

                                            NOTICE

                REGARDING CANCELLATION OF SITTING

 

    Due to administrative reasons  the Sittings of IPAB at Chennai on 9th September, 2014 stand cancelled. 

   The case is adjourned to 12th September, 2014. 

 

 

       By order

(Deputy Registrar)

8th  September,  2014

 

**********************************************************************************************************************************************************************************************

 

ashoka

 

INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

F.No.A-12011/2/2011-IPAB                                                                                                                    Dt.: 5.9.2014

 

CIRCULAR

 

 

     Intellectual Property Appellate Board (IPAB), Chennai invites applications from candidates with the following qualification for recruitment in the clerical cadre on contractual basis with monthly consolidated remuneration of Rs.12,000/-.

 

(i)                       Graduate with proficiency in Computer; and

(ii)                  Work experience of atleast one year in any one the Courts or Tribunals.

 

2.   The appointment shall be purely on contract basis and shall not confer any rights attached to the regular post of Lower Division Clerk.

 

3.   Applications with bio-data giving personal details and experience may be sent to the Deputy Registrar, Intellectual Property Appellate Board, Guna Complex Annexe-I, II Floor, 443, Anna Salai, Teynampet, Chennai 600 018 within 21 days from the date of issue of this Circular.  Applications received after the last date shall not be entertained.

 

 

  (N.ANBAZHAGAN)

 DEPUTY REGISTRAR.

 

Copy to:

1.     The Notice Board, High Court, Madras.

2.     Man Power Agencies/All the Tribunals having its Bench at Chennai.

3.     IPAB Website.

 

***********************************************************************************************************************************************************************************************

 

INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipabindia.in

* * * * * * * * * * * *

 

                                                                                                                                         Dated 25th August, 2014

          NOTIFICATION CALLING FOR QUOTATIONS IN RESPECT OF HIRING OF CARS

 

INTELLECTUAL PROPERTY APPELLATE BOARD, CHENNAI

Quotations in sealed cover are invited for award of contract for a period of one year from 1st October, 2014 for providing of cars for the use of Hon’ble Members of the IPAB as per the terms and conditions as detailed below. The quotation shall contain the details of rate in respect of

  (i)       Two Hundai Accent/Ford Icon/ Logan (A/C)/ Etios A/C, cars

  (ii)      Two Tata Indica/ Tata Indigo (A/C) cars

 

Interested parties may send quotations in sealed cover to reach the Deputy Registrar, IPAB, Chennai on or before 25-9-2014. The quotations will be opened next day i.e. 26.9.2014 at 10.00 A.M in the IPAB office premises in the presence of those tenders who desire to be present at that time.

 

TERMS AND CONDITIONS

(a)   Only registered and bonafide firms having requisite experience and competence capacity to provide requisite numbers of cars may apply.

         (b)   The cars should not be more than three years old.

     (c)   The contract will be for one year from the date of award of the contract but can be terminated at any time without assigning any reason, if the service are not found satisfactory, at the sole discretion of the IPAB.

 

         (d)   The firm should have a minimum of five vehicles registered in their name.
A copy of registration certificate of cars should be attached with the quotation.

 

     (e)   The tender should invariably furnish security deposit of Rs.5,000/- (Rupees Five thousand only) by DD/Pay Order drawn in Chennai in favour of the Deputy Registrar, IPAB, Chennai failing which the tender will not be entertained. The security deposit will not bear any interest and in case the services are found not satisfactory during the course of the contract, the security deposit shall stand forfeited. Dispute, if any arising out of the contract shall be subject to the jurisdiction of the Chennai Courts only.

  

     (f)     Dead mileage (distance from garage to office and back) will not be allowed.

 

     (g)   The vehicles should be maintained properly.

 

     (h)  The IPAB shall not be responsible for any loss of vehicle/accident/traffic rules violations, etc. while on duty. The Safety and security of the cars and driver will be the sole responsibility of the contractor.

 

      (i)     The payment will be made on receipt of pre-receipted bills (in triplicate) during the following month.

 

      (j)     The rates should be submitted separately for different cars as mentioned below. No upward revision of rates will be permissible during the contract period. The rates should be quoted as under:

 

(i)                  Rate for 10 hours/100 KMS on daily basis.

(ii)                Rate for extra KMS beyond 100 KMS day.

(iii)               Rate for extra hours beyond 10 hours.

 

Service tax if any, must be quoted, failing which no amount would be paid towards service tax.

 (i)                 The lowest quoted bidder shall be chosen on the basis of total bid price received.

(ii)              The IPAB reserves the right to impose any other conditions for regulating the contract in public interest.

 (iii)            The tenders of tenders who do not fulfill any of the above conditions and incomplete tenders are liable to be summarily rejected and any further correspondence in this regard will not be entertained.

 

********

                                                                                                                                                                                                                           //By Order//

 

                                                                                                                                                                                                                 Deputy Registrar,

                                                                                                                                                                                                                  IPAB, Chennai.

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INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipabindia.in

* * * * * * * * * * * *

 

 

NOTICE

 

     The Delhi circuit sittings of IPAB will be conducted at the  Meeting Hall of New Tamil Nadu House, No.9, BIRTIKENTRAJIT MARG, CHANAKYA PURI (Near Chanakya Cinema)  New Delhi 110 021
from 19.05.2014 to 23.5.2014 at
10.30 a.m.

                  

                                                                                                                                                                                                        //By Order//

 

Chennai,                                                                                                                                                                                        Deputy Registrar,

12.5.2014                                                                                                                                                                                       IPAB, Chennai.

***************************************************************************************************************************************************************************************************

 

 

 INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipabindia.in

* * * * * * * * * * * *

 

 

NOTICE

 

      As the IPO, Delhi has expressed its inability to make its Conference Hall available for conducting the circuit sittings of IPAB, IPAB is constrained to conduct its Delhi circuit sittings at the Meeting Hall of
New Tamil Nadu House,
No.9, BIRTIKENTRAJIT MARG, CHANAKYA PURI (Near Chanakya Cinema)  New Delhi 110 021 from 28.4.2014 to 2.5.2014 at 10.30 a.m.  Inconvenience caused in this regard is regretted.

                  

                                                                                                                                                                                                        //By Order//

 

Chennai,                                                                                                                                                                                        Deputy Registrar,

25.4.2014                                                                                                                                                                                       IPAB, Chennai.

***************************************************************************************************************************************************************************************************

 

 

INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

TOUR PROGRAMME FOR August to December, 2014

The Circuit Bench Sittings for the Period  August – December, 2014 are given below:

                       

S.No.

Period

 

Place

1.

4.8.2014 to 8.8.2014

Delhi (Trademarks)

2.

15.09.2014 to 19.9.2014

Delhi (Trademarks)

3.

13.10.2014 to 17.10.2014

Delhi (Trademarks)
 

4.

10.11.2014 to 14.11.2014

Bombay
(Trade Marks)

5.

24.11.2014 and 26.11.2014

 

 

27.11.2014 to 28.11.2014

Delhi (Trademarks)

 

 

 

Delhi (Patent)

6.

15.12.2014 and 16.12.2014

 

 

17.12.2014 to 19.12.2014

Kolkata (Trademarks)

 

 

 

Kolkata (Patent)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By order

(Deputy Registrar)

10th  April, 2014

***************************************************************************************************************************************************************************************************

 

 

 

INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

 

F. NO: A-12011/2/2011                                                                                                                                 Dated: 01.04.2014

CIRCULAR

 

Intellectual Property Appellate Board (IPAB), Chennai invites applications from candidates with the following qualification for recruitment in the clerical cadre on contractual basis with monthly consolidated remuneration for Rs.12,000/-:

(i)    Graduate with Proficiency in Computers:

                

2.     The appointment shall be purely on contract basis and shall not confer any rights attached to the regular post of Lower Division Clerk.

3.      Applications with bio-data giving personal details and experience may be sent to the Deputy Registrar, Intellectual Property Appellate Board, Guna Complex Main Building, IVth Floor, 443, Anna Salai, Teynampet, Chennai-600 018 within one month from the date of issue of this Circular.  Applications received after the last date shall not be entertained.

                                                                                                                                                                                                                                                     (N. ANBAZHAGAN)

                                                                                                                                                                                                                                                        Deputy Registrar

 

Copy to:

 

1.        The High Court Notice Board (with covering letter to the Registrar General, High Court, Madras-with a request to place it     on the Notice Board)

2.        Man Power Agencies/All the Tribunals having its Bench at Chennai.

3.        IPAB Website.                                       

 

By order

(Deputy Registrar)

1st  April, 2014

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INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

 

NOTICE REGARDING CANCELLATION OF CIRCUIT BENCH SITTING AT DELHI

 

 

            Due to unavoidable circumstances, the Circuit Bench Sittings of IPAB at Delhi from 10th February 2014 and 14th February 2014 stand cancelled.  All the cases are adjourned sine die.  Notice of next date of hearing will be sent to all the parties/counsel concerned.

 

 

 

 

By order

(Deputy Registrar)

7th  February, 2014

********************************************************************************************************************************************

 

 

INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

TOUR PROGRAMME FOR January to June, 2014

The Circuit Bench Sittings for the Period  January – June, 2014 are given below:

                       

S.No.

Period

 

Place

1.

06.01.2014 to 10.01.2014

Delhi (Trademarks)

2.

10.02.2014 to 14.02.2014

Delhi (Patent)

3.

03.03.2014 to 4.03.2014

05.03.2014 to 07.03.2014

Mumbai (Trademarks)

_______________________

Mumbai
(Patents)

4.

24.03.2014 to
28.03.2014
 

Delhi (Trademarks)

5.

28.4.2014 to 02.05.2014

Delhi (Trademarks)

6.

19.5.2014 to 23.5.2014

Delhi (Patents)

7. 9.6.2014 to 12.6.2014 Ahmedabad (Trademarks)
8. 23.6.2014 to 25.6.2014

26.6.2014 to 27.6.2014
Kolkata  (Trademarks)


   Kolkata  (Patents)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 




By order

(Deputy Registrar)

22nd  November, 2013

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INTELLECTUAL PROPERTY APPELLATE BOARD
Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

No: A-11019/2/2003-IPAB-CHN                                                     Dated: 13.11.2013

 Order

            In terms of the Press Note issued by the Central Government Employees Welfare Coordination Committee, the Office of Intellectual Property Appellate Board, Chennai shall remain closed on Friday the 15th November,.2013 on the occasion of MUHARRAM. Hence the earlier notified leave on account of MUHARRAM on 14.11.2013 stands cancelled and the Registry will function on 14.11.2013.

 

 

By Order

Deputy Registrar

Dated:13/11/2013

*****************************************************************************************************************

INTELLECTUAL PROPERTY APPELLATE BOARD
Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

ANNOUNCEMENT

 

F. NO: A-12011/2/2011-IPAB                                                           Dated:17.10.2013

 

                                                                           

        It is informed that due to administrative exigencies, the coram for 17th October, 2013 will be “Hon’ble Vice Chairman and Hon’ble Technical Member   instead of  “Hon’ble Chairman and Hon’ble Technical Member”.

              

By Order

Deputy Registrar

Dated:17/10/2013

*****************************************************************************************************************

 

 

INTELLECTUAL PROPERTY APPELLATE BOARD
Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

NOTIFICATION

Dated 3rd October, 2013

As and when cases are listed for hearing, the counsel as well as the parties concerned are requested to file their written submissions as well as synopsis of the cases if any, well in advance.

By Order
Deputy Registrar

*****************************************************************************************************************

INTELLECTUAL PROPERTY APPELLATE BOARD
Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

NOTICE FOR CIRCUIT BENCH SITTINGS AT MUMBAI

Dated 3rd October, 2013

The Circuit Bench Sittings at Mumbai from 7th October, 2013 to 10th October, 2012 will be conducted at Court Room No. 16, Second Floor, High Court Annex Building, Bombay High Court at Mumbai.

By Order
Deputy Registrar

*****************************************************************************************************************

INTELLECTUAL PROPERTY APPELLATE BOARD
Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

Dated 3rd October, 2013

NOTIFICATION REGARDING CANCELLATION OF CIRCUIT BENCH SITTINGS AT DELHI

On behalf of the Asian Patent Attorneys Association (APAA) and the Indian Chapter of the International Association for the protection of Industrial Property (AIPPI), a written request dated 30.9.2013 was made to the IPAB to re-schedule the Delhi Circuit Sittings for the month of October, 2013 (from 21-25th October, 2013), stating that 62nd Council Meeting of the APAA is scheduled to be held at Hanoi (Vietnam) between 19-22nd October, 2013 and most of the IP attorneys who are regularly appearing before the IPAB may attend the said Council Meeting. Considering the same it is informed that the Delhi Circuit Sittings scheduled to be held between 21.10.2013 to 25.10.2013 stands CANCELLED.

Consequently the Delhi Circuit Sittings for the month of November, 2013 is rescheduled as follows:

 

 Dates

Subject

25.11.2013 to 27.11.2013

Delhi (Patent)

28.11.2013 to 29.11.2013

Delhi (Trademarks)

 

 

 By Order
Deputy Registrar

*****************************************************************************************************************

 

INTELLECTUAL PROPERTY APPELLATE BOARD
Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

TENDER FOR HIRING OFFICE ACOMMODATION AT DELHI

 

Intellectual Property Appellate Board, Chennai invites offers from the Owners of premises, preferably on a single floor with a floor area of about 2500 sq. ft. with all facilities including adequate power & water supply and parking space for at least two vehicles, for its office in Central Delhi preferably within five km. radius from the Delhi High Court on ground / first floor. The premises should be ready for immediate occupation. Intending landlords having clear title may download the technical bid and financial bid formats  and the details of tender documents from IPAB website and submit their offers in two separate sealed envelopes super-scribed as ‘Technical bid’ and ‘Financial bid’ and send it in a single envelope super-scribed as “Tender for hiring office accommodation for IPAB at Delhi” so as to reach on or before 14th October, 2013, at the following address –

The Deputy Registrar,

Intellectual Property Appellate Board,

443, Anna Salai, Guna Complex,

Second Floor, Annexe I,

Chennai – 600018.

 

Priority would be given to premises belonging to Public Sector units / Govt. Departments/Public Financial Institutions. No Brokers please.

 

IPAB reserves its right to accept or reject any offer without assigning any reasons.

 

DEPUTY REGISTRAR

 

 


 

 

 

Tender documents for hiring of office accommodation at New Delhi

 

The tender consists of three parts

Part A – Terms and conditions

Part B- Technical bid

Part C – Financial bid

Both Part B and C should be sealed in separate envelopes and superscribed in bold letters:

a. Technical bid for hiring office space for IPAB at New Delhi.

b. Financial bid for hiring office space for IPAB at New Delhi.

Both these envelopes should be then placed in a single sealed cover superscribed “Tender for hiring office space for IPAB at New Delhi”.

 

Tenders (Technical Bid only) will be opened on 17.10.2013 at 14.00 Hrs at IPAB Headquarters at Chennai in the presence of Bidders / representatives of bidders, present, if any. Financial bids of only those bidders whose technical bids are found valid, eligible and acceptable shall  be opened.

 

Part A: TERMS AND CONDITIONS:

1. The Terms and conditions shall form part of tender to be submitted by the bidder to the Intellectual Property Appellate Board, hereinafter termed as “IPAB”.

 

2. All bidders are requested to submit the tender document (Technical & Financial bids) duly filled in with relevant information supported by relevant documents at the following address:

 

The Deputy Registrar,

Intellectual Property Appellate Board,

443, Anna Salai,  Guna Complex, Second Floor,

Annexe I, Chennai – 600018.

                                                             

3. All columns in the tender document should be duly filled in and no column should be left blank. “NIL” or “Not applicable” should be marked, where there is nothing to report. All the pages of the tender document should be signed by the owner or his authorized power of attorney. Any other cutting of use of ink should be duly initialed by the bidder. The IPAB reserves its right to reject the incomplete tender or in case information submitted is found to be incorrect.

 

4. In case space in tender document is found to be insufficient, the bidder may use separate sheet to provide full information.

 

5. Tender documents received by IPAB after due date and time i.e. 18.00 Hrs on 14.10.2013 shall be rejected outright and no correspondence in this regard shall be entertained.

 

6. The offer should remain valid for six months. During the validity period of the offer, the bidder should not withdraw / modify the offer in terms of area and price and other terms and condition quoted in the Technical or Financial bids. The bidder has to submit an undertaking on non-judicial stamp paper of requisite value duly signed by legal owner or his power of attorney holder that the bidder shall not withdraw / cancel the offer / offers made to IPAB during the validity period.

 

7. There should not be any deviation in terms and condition as have been stipulated in the tender document.

 

8. The tender will be acceptable only from original owner of the building or having valid power of attorney. The space offered should be free from all encumbrances/claims and disputes /any liability and litigation with respect to its ownership, lease / renting and pending payments against the offered space.

 

9. Offers received from Government Bodies / Public Sector Undertakings / State Housing Boards etc. would be given preference.

 

10. The building offered should be ready for immediate occupation.

 

11. The building should have separate electricity and having sufficient installed electricity load and water connection. If separate connection is not available sub-meter etc. to be got installed by the owner along with wiring.

 

12. The building should have easy approach and reasonable parking space for at least two four wheelers and five motorcycles. The location should be in an area convenient for office use and should be easily accessible preferably within a radius of five kms from the Delhi High Court.

 

13. Independent buildings with guaranteed possession will be preferred.

 

14. The payment terms mentioned in the financial bid shall be strictly followed and no deviations will be allowed.

 

15. The rate of rent finally approved by CPWD is liable to revision during the period of lease or renewal, if any, of the lease after the expiry of three years from the start of the lease or revision of the rent, provided that such revision shall not exceed 5% per annum (in case of residential accommodation) and 8% per annum (in case of non-residential accommodation) of the rent payable at the time of such revision.

 

16. Canvassing in any form will automatically disqualify the offer. No brokerage will be paid.

 

17. The particulars of amenities provided/proposed to be provided inside the property / building complex should be clearly furnished in the Technical Bid.

 

18. The Technical Bid is required to be submitted along with certified copies of approved drawings from Delhi Development Authority or any other competent authority, certified copy of Land Deed, Municipal receipts, approved plan of building and copy of ownership of building. Technical Bids received without these documents are liable to rejection without any reference to the party whatsoever. Originals of these documents / certificates shall be produced at the time execution of Lease Agreement.

 

19. The bidder is required to enter into Lease Agreement in the prescribed format approved by the Central Government.

 

20. The IPAB reserves the right to verify/inspect the building before finalization of Tender and reject it outright, if the building is not according to the specification required by IPAB.

 

21. All existing and future rates, taxes insurance fee including public liability insurance, including property taxes, assessment charges and other outgoings whatsoever of description in respect of the said premises payable by the owner thereof, shall be continued to be paid by landlord.

 

22. Maintenance of premises to be made (externally) by the owner.

 

23. The IPAB may, during the lease period/extended lease period carry out such alterations to the existing buildings such as partitions, office fixtures and fittings as may be easily removable.

 

24. Being a Central Government Office, no security Deposit / advance payment will be paid. The quotes of bidders who insist on advance deposit may not be considered for further evaluation.

 

25. The office space should have all required electrical fixtures such as switches, power points, fans, lights etc.

 

26. The maintenance (civil, electrical, mechanical, plumbing including consumables etc.) shall be provided by the owner and the owner will also undertake to carry out annual repair and maintenance every year. No additional charges shall be paid for the same.

 

27. The building should have adequate toilet facilities.

 

28. The building should be in a ready to use condition with electricity, water and sewerage. The electric power available should also be indicated.

 

29. The location should be in area convenient for office use and should be easily accessible.

 

30. Adequate parking space for about Two four wheelers and five two wheelers should be provided by the owner free of cost.

 

31. No tender will be accepted by fax, email, telex or any other such means.

 

32. Tender is likely to be rejected because of non-fulfillment of any of the above terms.

 

33. The short listed bidders will be informed in writing by IPAB for arranging site inspection of the offered premises.

 

34. All disputes lie within the jurisdiction of Chennai only. The IPAB reserves the right to reject all or any tender without assigning any reason thereof.

 

-----

 


 

 

PART B

TECHNICAL BID FOR HIRING OF OFFICE ACCOMMODATION

 

01

Full particulars of the legal owner of the premises:

(i) Name

(ii) Address of office & Residence:

(iii)Telephone No./Mobile No.

(iv) Tele Fax:

(v) E-Mail Address:

 

02

Full particulars of person(s) offering the premises on

rent / lease and submitting the tender:

 

03

Status of the applicant with regard to the accommodation offered for hiring

(enclose power of attorney also if the applicant is other than owner)

 

04

(a) Complete Address and location of the building:

(b) Details of the Accommodation offered for rent (viz.

carpet area, no. of floors, floor wise area) (Enclose

Certified Sketch Plan also)

 

05

Total Floor Area offered for rent in Sq.ft:

NOTE : Definition of floor area: Floor area is the area of the premises which is covered but excluding the following portions (i) Walls and columns (ii) Portico / canopy  (iii) sanitary shafts (iv) stair case (v) Bon Louvers (vi) lift wells (vii) Air conditioning duct  (viii) Balcony (ix) portion below windows sill (x) loft

 

06

Particulars of completion certificate:

Enclose attested / self – certified copy of completion certificate issued by Competent Authority.

 

07

Whether accommodation offered for rent is free from

litigation including disputes in regard to ownership,

pending taxes / dues or like

(enclose copy of Affidavit from owner or Power of Attorney holder)

 

 

 

08

Facilities for vehicle parking (Mention details for four

wheelers and two wheelers):

 

09

No. of lift / carrying capacity, provide details of make,

year of installation etc.

 

10

Number of Toilets – floor wise with details

 

11

(a) Whether running water, drinking and otherwise,

available round the clock.

(b) Whether sanitary and water supply installations

have been provided for?

 

12

Whether separate electricity and having sufficient

installed electricity load and water connection

available

 

13

Sanctioned electricity load

 

14

(a) Whether electrical installation and fitting, power

plugs, switches etc. provided or not?

(b) Whether building has been provided with fans in

all rooms or not? (If yes, give the Nos. of fans floor wise)

 

15

Details of Fire Safety Mechanism, if any

 

16

Whether the premises is ready for occupation

 

17

The period and time when the said accommodation

could be made available for occupation (after the

approval):

 

 

18

Specify the lease period (minimum three years) and

provision for extension:

 

19

Whether the owner of the building is agreeable to:

(i) Monthly rent as determined and fixed ( Fair Rent

Certificate) by Competent Govt. Authority like CPWD

(ii) Monthly rent fixed as per (i) above to remain

valid for initial lease period of three years.

If yes, an undertaking to this effect is required to be submitted by the owner of the building

 

20

Provisions for regular repairs and maintenance and

special repairs, if any of the building

 

21

Any other salient aspect of the building,

which the party may like to mention:

 

Declaration

(i) I/We have read and understood the detailed terms and conditions of the tender applicable to the subject offer as supplied with the bid documents and agree to abide by the same in totality.

(ii) It is hereby declared that the particulars of the buildings etc. as furnished against the individual items are true and correct as per my knowledge and belief and in the event of any of the same being found to be not true, I /We shall be liable to such consequences / lawful action as the Department may wish to take.

 

 

 

Signature of Legal Owner/ Power of Attorney Holder.

 

List of enclosures.

Attested photocopies / certified true copies of the following documents are required to be annexed with the Technical Bid. Technical Bids received without these documents are liable to rejection without any reference to the party whatsoever. Originals of these documents / certificates shall be produced at the time execution of Lease Agreement.

1. ‘Title Deed’ showing the ownership of the premises.

2. Certified copies of approved drawings from Delhi Development Authority or any other competent authority of the area offered for rent/hire, certified copy of Land Deed, Corporation tax receipts and copy of ownership of building.

3. Affidavit from owners and if tender is submitted by the Power of Attorney Holder, an Affidavit from such power of Attorney Holder regarding accommodation offered for hiring being free from any litigation / liability pending dues and taxes.

4. Undertaking for agreeability to fixation of rent as per Govt. Rules / CPWD and for rent on initial hiring to remain in force for the initial lease period of three years.

 

 

Signature of Legal Owner/ Power of Attorney Holder.

 


 

 

PART C

FINANCIAL BID FOR HIRING OF OFFICE ACCOMMODATION

 

01

Name & Address of the applicant with Phone Nos.

 

02

Status of the applicant with regard to Building /

Accommodation offered for hire by the owner or power

of Attorney Holder

 

03

Full particulars of the owner:

(i) Name

(ii) Address(es)

(iii)Telephone Nos/Mobile Nos.

(iv) Business

(v) Residential

(vi) Tele Fax No.

 

04

Complete details of the building viz.

Complete postal address of the location

 

05

Rent in Indian Rupees per month per square feet

(during the initial lease period of three years) of the

floor area as mentioned in Technical Bid

(The rent will be subject to issue of Fair Rent Certificate by CPWD as per procedure laid down by the Govt. No advance rent is payable by the Govt. as a matter of policy) All corporation taxes, cess or any other tax applicable are to be borne by the landlord, if not, please specify. The electricity and water bills as per actual consumption to be borne by IPAB.

 

 

Signature of Legal Owner/ Power of Attorney Holder

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INTELLECTUAL PROPERTY APPELLATE BOARD
Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

NOTIFICATION
(Calling for Quotations in respect of Hiring of Cars)

Dated 5th September, 2013

                             

Quotations in sealed cover are invited for award of contract for a period of one year from Ist October, 2013 for providing of cars for the use of Hon’ble Members of the IPAB as per the terms and conditions as detailed below. The quotation shall contain the details of rate in respect of

(i)      Two Hundai Accent/ Ford Icon (A/C) cars and Logan (A/C)

(ii)    Two Tata Indica / Ambassador (A/C) cars

 

Interested parties may send quotations in sealed cover to reach the Deputy Registrar IPAB, Chennai on or before 26-9-2013. The quotations will be opened next day i.e 27.9.2013 at 10.00 Am in the IPAB office premises in the presence of those tenders who desire to be present at that time.

                                                Terms and Conditions

(a)   Only registered and bonafide firms having requisite experience and competence capacity to provide requisite numbers of cars may apply.

 

(b)   The cars should not be more than three years old.

 

(c)   The contract will be for one year from the date of award of the contract but can be terminated at any time without assigning any reason, if the service are not found satisfactory, at the sole discretion of the IPAB.

 

(d)   The firm should have a minimum of five vehicles registered in their name. A copy of registration certificate of cars should be attached with the quotation.

  

(e)   The tender should invariably furnish security deposit  of Rs. 5,000/- (Rupees Five thousand only) by DD/Pay Order drawn in Chennai in favour of the Deputy Registrar, IPAB, Chennai failing which the tender will not be entertained. The security deposit will not bear any interest and in case the services are found not satisfactory during the course of the contract, the security deposit shall stand forfeited. Dispute, if any arising out of the contract shall be subject to the jurisdiction of the Chennai Courts only.

 

(f)     Dead mileage (distance from garage to office and back) will not be allowed.

 

(g)   The vehicles should be maintained properly.

 

(h)   The IPAB shall not be responsible for any loss of vehicle/accident/traffic rules violations, etc. While on duty. The safety and security of the cars and driver will be the sole responsibility of the contractor.

 

(i)      The payment will be made on receipt of pre-receipted bills (in triplicate) during the following month.

 

(j)      The rates should be submitted separately for different cars as mentioned below. No upward revision of rates will be  permissible during the contract period. The rates should be quoted as under:

 

(i)                  Rate for 10 hours/ 100 Kms on daily basis.

(ii)                Rate for extra Kms beyond 100 Kms day

(iii)               Rate for extra hours beyond 10 hrs

Service tax if any, must be quoted, failing which no amount would be paid towards service tax.

(m) The IPAB reserves the right to impose any other conditions for regulating the contract in public interst.

(I)   The lowest quoted bidder shall be chosen on the basis of total bid price received.

(n) The tenders of tenderers who do not fulfil any of the above conditions and incomplete tenders are liable to be summarily rejected and any further correspondence in this regard will not be entertained.

                                                          ******

                                                                                                                                                       By Order
                                                                                                                          Deputy Registrar

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INTELLECTUAL PROPERTY APPELLATE BOARD
Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

ANNOUNCEMENT

 

                                    CHANGE OF VENUE AT DELHI

 

    The venue of the Circuit Sittings of the Board scheduled to be held from 19th August 2013 to 23rd August 2013 and  23rd September, 2013 to 27th September, 2013 at Indian Law Institute at Delhi is changed to the Conference Hall IPO building, Sector-14, Dwarka, Delhi.

2. Counsel and other parties may please note the above change of venue. It may also be noted that individual notices regarding the change of venue will not be sent by the Registry.

 

By Order

Deputy Registrar

Dated:12/08/2013

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INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

Tour Programme for September 2013 to December, 2013

 

                 The Circuit Bench Sittings for the Period  September – December, 2013 are given below:

 

Period

Place

3.09.2013  to  6.09.2013

Ahmedabad
(Trademarks )

23.09.2013  to  27.09.2013

Delhi
(Trademarks )

7.10.2013  to  10.10.2013

Mumbai
(Trademarks)

21.10.2013 to 25.10.2013 Delhi
(Trademarks)
25.11.2013 to 29.11.2013 Delhi
(Patent)
16.12.2013 to 20.12.2013 Kolkata
(Trademarks)

 

 

 

 

 

 

 

 

 

 

               

 

                   

 

 

 

 

 

 

 

 

 

By order

 (Deputy Registrar)

12th  August, 2013

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INTELLECTUAL PROPERTY APPELLATE BOARD
Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

ANNOUNCEMENT

 

F. NO: A-12011/2/2011-IPAB                                                           Dated:12.8.2013

 

// CIRCULAR //

                                                                                                                         

            Intellectual Property Appellate Boar4d(IPAB) invites applications from suitable candidates for the following service in IPAB Chennai on contract basis:

 

One post of Peon with monthly remuneration of Rs.8000/--

Qualification: 10th Pass with experience in Records Keeping, preferably with experience in handling of Court Records.

 

2.     Applications with Bio-data may be sent to the Deputy registrar, Intellectual Property Appellate Board, Guna Complex, Annexe-I, II Floor, 443, Anna Salai, Teynampet, Chennai-600 018 within 15 days from the date of the Circular.

 

                   

By Order

Deputy Registrar

Dated:12/08/2013

 

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INTELLECTUAL PROPERTY APPELLATE BOARD
Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

ANNOUNCEMENT

 

            IPAB is very glad to announce that a vibrant, user-friendly new website with the url www.ipabindia.in has been launched by the Hon’ble Chairman Smt. Justice Prabha Sridevan on 6th August, 2013. The new-look website packs in a lot of features including search string operations. The migration of data from the existing website is expected to take about a fortnight or so. In order to make the transition of the website smooth, IPAB will continue to host the existing website till the new website is fully loaded with the entire data available on the existing website. The new website will go a long way in fulfilling the expectations of the users with regard to finding the relevant information easily.

By Order

Deputy Registrar

Dated:06/08/2013

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INTELLECTUAL PROPERTY APPELLATE BOARD
Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

ANNOUNCEMENT

 

    It may be noted that the Registry of the Board will start functioning from the Fourth Floor of the Main Building (Rear Building), Guna Complex, 443, Anna Salai, Teynampet, Chennai – 600018 (same premises) from 1st August, 2013. Filing of Petitions, etc. Inspection of records and obtaining certified copies will be done at the above-said place. However the court & chambers of the Hon'ble Members will continue to function at the existing place.

 

By Order

Deputy Registrar

Dated:23/07/2013

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INTELLECTUAL PROPERTY APPELLATE BOARD
Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

ANNOUNCEMENT

 

 It is brought to the notice of all concerned that the Central Government has notified the (1) Patents (Applications and Appeals to the Intellectual Property Appellate Board) Amendment Rules, 2013, (2) Trade Marks (Applications and Appeals to the Intellectual Property Appellate Board) Amendment Rules, 2013 and (3) Geographical Indications of Goods (Forms and making an appeal and fees therefor) Rules, 2013 in the Gazette of India Extraordinary Part II Section 3 Sub-section(i) under G.S.R.312(E), G.S.R.313(E) and G.S.R.314(E) dated 16th May, 2013. Accordingly, Applications/Appeals/Condonation of Delay Petitions are required to be filed before the Board in the formats prescribed under the above Rules.

           By Order

Deputy Registrar

Dated:23/07/2013

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INTELLECTUAL PROPERTY APPELLATE BOARD
Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

NOTIFICATION

Dated 7th June, 2013

         Intellectual Property Appellate Board, Chennai presently functioning  in the Second Floor, Annexe-II of Guna Complex , Teynampet is hiring an additional space of 2254 Sq ft at IV Floor of Guna Complex.  Expression of Intent is invited from the firms for modernization of the office as per the details below:

     (I) Carpentry/ Wood work:

                1.  11 Tables 3 x 4

               2. Half partition 5 feet height (Quotation per running square foot)

               3. Full partition 9' 6" height (Quotation per running square foot)

              4. Center Table 2 x 3 x 1  

Note: Material to be used for carpentry work: Commercial plywood with 1mm mica,

         (II) Airconditioners

                 1.  8 window airconditioners each with 2 ton capacity

                       2.  8 Stablizers with 5 KVA

   

2.       The detailed quotation for the above is invited from the firms/individuals with prior experience and repute within a week of the publication of this notification. Quotations received after 14-6-2013 will not be entertained under any circumstances.

3. For any enquiry on the above, please contact 044-24328902-03.

 

     /By Order/

Deputy Registrar

7th June, 2013

 

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INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

NOTIFICATION

       

    The attention of all the members of the Bar is invited to the Circular dated 11th April, 2013 (see: “Announcements” in IPAB Website) and informed that the Hon’ble Board directed the Registry to list

 

MP No.15 of 2012 in ORA/7/2012/TM/DEL

(Power of the Board to grant interim orders in Rectification/Revocation Petition)

 

on 8th June, 2013 at 11.00 a.m. at Chennai for hearing, at the request of some regularly practising counsel before IPAB. Interested Bar Members are requested to appear before the Board and submit their views.

                                  

                                     /By Order/

Deputy Registrar

28th May, 2013

 

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INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

NOTIFICATION

        

    It may be noted that Review Petition No.1 of 2011 in ORA/42/2008/TM/CH (see Order No.100/2013 at page-6 of 'Orders/Decisions' of IPAB website) stands listed for hearing on 4th June, 2013 on the question,

          “Whether IPAB has the power to review its own orders”

 and all review petitions pending before the IPAB are also listed on the same day.

      Learned counsel/parties concerned or learned counsel who are interested are requested either to appear in person and argue or send their written submissions which will be considered by the Hon’ble Board.

 /By Order/

Deputy Registrar

3rd May, 2013

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INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

NOTIFICATION

          It may be noted by all the counsel concerned that the hearing of trade mark cases scheduled to be listed on 13th & 14th May, 2013 at the Circuit Bench sitting at Delhi stands adjourned sine die, in view of the posting of patent matters for hearing as per the orders of Hon'ble Delhi High Court.

/By Order/

Deputy Registrar

18th April, 2013

*****************************************************************************************************************

INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

C I R C U L A R

            Services of suitable retired Central / State Government and High Court officials having retired not below the rank of Section Officer / Court Officer and having performed judicial / court work are required for discharging the functions of Court Officer (one post)  in IPAB on a consolidated pay of Rs.25,000/- per month.  Preference will be given to those officials who have served in the High Courts & handled judicial matters.  Those interested persons may apply in the enclosed proforma. 

            The applications in the prescribed proforma should be addressed to the Deputy Registrar, Intellectual Property Appellate Board within one month from today i.e. on or before 16th  May, 2013.

            The appointment shall be purely on contract basis and does not confer any rights attached to the regular post of Court Officer.

 

 

(N. ANBAZHAGAN)

DEPUTY REGISTRAR

 

BIO- DATA

 

1.     Name in Capital                                                                           :

2.     Date of Birth                                                                                    :

3.     Post held at the time of Retirement                                            :

4.     Educational Qualification                                                            :

     5. Service Details (Give brief detail about the nature

     of work handled and the period of service)                             :

 

6.     Worked with officers at the rank of                                             :

 

                                                                                                                                                 (Signature of Candidate)

* * * * * * *  

**********************************************************************************************************************

INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

ANNUAL REPORT FOR THE YEAR 2012 – 13

The previous Annual Report released on completion of nine years of IPAB in 2012 ended with a lot of optimism with regard to the ambitious projected performance of the Board. The optimism shown in the Annual report certainly gave impetus to the determination of the Board to maintain its performance against all odds ranging from inadequate human resources, stifling working area and insufficient fund allocation.

There were more disposals than ever before during the year 2012 – 13. A total number of 362 cases were decided by the Board – 310  Trademark matters and 52 Patent matters – making the year gone by as the most productive year of the Board since its inception. The filing has also been steadily growing both in the Original and Appellate jurisdiction. The Circuit Sittings were conducted in all the designated places periodically. Though most of the matters decided by the Board have great significance and impact,  it is noteworthy to list the following cases, which were closely followed by the legal fraternity:

  • Spice Mobiles Ltd. v. Shri Somasundaram Ramkumar (Dual Sim case)
  • Tata Chemicals Limited v.  Hindustan Unilever Limited (Pure It Case)
  • Times Publishing House Ltd. v. The Financial Times Limited
  • Bayer Corporation v. Union of India (Appeal against the first ever order of compulsory licence passed by the Controller General)
  • Allied Blenders & Distilleries Pvt. Ltd. v. M/s.John Distillers Ltd.  (involving trade marks ‘Officers Choice’ and ‘Original Choice’)
  • Sankalp Rehabilitation Trust  v. F.HOFFMANN-LA ROCHE AG  (Pegasys)
  • Hindustan Unilever Limited  v. M/s. Three-N-Products (P) Ltd.  (Ayur)
  • Relaxo Footwears Limited, v Bata India Limited,
  • M/s Thalappakattu Biriyani & Fast Food v. M/s Thalappakatti  Ananda Vilas Biriyani Hotel
  • The ambiguity in Divisional Applications was resolved and it was held that there would be no divisional application if there is no plurality of invention

 

The website of the Board was used as a platform for outreach of important information by way of notifying the circulars so that the stakeholders would not have any difficulty in accessing the same.

The question whether interim orders can be granted in Revocation/Rectification Applications is listed for hearing before a Larger Bench.  The enthusiasm shown by the legal fraternity is quite overwhelming. The matter has been listed in  Delhi during the May sitting.

The Board has already mooted the proposal for amendment of rules pertaining to Applications and Appeals filed before the Board in matters of Patents, Trademarks and Geographical Indications, besides the Procedure Rules of the Board. The Central Government has already notified the draft rules pertaining to Applications and Appeals filed before the Board and the final version of the same is expected to be notified soon. The new Procedure Rules of the Board will be notified thereafter. The Board is certain that the amendments sought to be made will make the system function in a better manner.

It may be recalled that inclusion of Strengthening of the Board under the Plan Scheme of the Government under the 12th Five Year Plan was reported in the previous Annual Report. In a clear progress in the Plan Scheme, a Detailed Project Report was submitted and the same is pending the final approval of the Central Government. An initial allocation – mostly as a token – has already been made and the strengthening of the Board is, at last, truly on.

However, the Board continues to face quite a few major hurdles:

  • The first and foremost is the inadequacy in human resources: The phenomenal growth of the workload since inception has not been complemented by way of creation of additional posts. Despite the complete utilization of the human resources, the progress of the Board is likely to decelerate due to the shortage of staff.
  • The second major problem faced by the Board is the lack of a suitable infrastructure for the Board both at the Headquarters and at some of the Circuit Sittings. On the positive side, the Board is likely to get some additional space that has been identified in the existing premises.  
  • The Chairman, IPAB has filed a report before the Hon’ble Delhi High Court in L.P.A. No.86 of 2013 [Union of India v. Sanjeev Kumar Chaswal) that the constitution of the Search-cum-Selection Committee  must be in conformity with the law declared by the Hon’ble Supreme Court in Union of India v. R.Gandhi (2010(3)CTC517),  and that the Chairman of IPAB must head the Committee.  At present, the Secretary, IPP is the Chairman and the IPAB Chairman is a Member for a Committee which selects the Vice-Chairman and Technical Members of IPAB.  This report has also been served on DIPP. 
  • Finally, we must mention the allocation of insufficient funds. Owing to paucity of funds, IPAB had to reduce its circuit sittings in the last quarter of the financial year 2012-13.  For the year 2013-14 also, there has been no change in the allocation of funds and the amounts under almost all the heads are similar to the ones found in 2012-13.  The funds allocated are clearly insufficient. This becomes a severe handicap to the smooth functioning of the Board in all respects.  The Chairman  has expressed the grievous hardship that the IPAB will face in holding the circuit hearings.  It is hoped that this difficulty will be resolved. 

The orders of the IPAB especially in pharmaceutical patents  attract notice the world over  and the quality of the justice delivery system in the IPAB will depend on the strength of the infrastructure. 

The achievements of the Board in the last year could not have been possible without the cooperation of the Bar. The Board looks forward to the greater cooperation of the legal fraternity in the years to come to make the Board a model Tribunal.

* * * * * * *  

**********************************************************************************************************************

INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

CIRCULAR

 

            While inviting the attention to the Order No.7/2013 (available at page-6 under ‘Orders/decisions’) and Circular dated 19.3.2013 (available under ‘announcement’),  all the Members of the Bar are requested to take notice that

  M.P.No.15 of 2012 in ORA/7/2012/TM/DEL

(Power of the Board to grant interim orders in Rectification/Revocation Petition)

 

stands listed on 16.5.2013 for hearing during Circuit Sittings of IPAB at Court Hall No.17, Delhi High Court.

             Intervenors as well as interested Bar Members are requested to appear before the Board and submit their views.

 

//By Order//

Deputy Registrar

11th April, 2013

 

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INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

NOTIFICATION

 

          In pending ORAs/OAs., it is found that sometimes, Miscellaneous Petitions are filed without serving a copy on the other side.  Advocates are requested to serve a copy of MP on the other side simultaneously when it is filed before IPAB leaving it open to the respondent therein to file counter to MP as per IPAB Rules. Needless to say, if no counter is filed or no steps are taken for filing counter at the earliest point of time, it is presumed that no counter is filed. It is further informed that all MPs will be listed along with main matter, unless an urgent hearing is required depending upon the circumstances to be decided by the Board.

 

//By Order//

Deputy Registrar

5th April, 2013

 

*****************************************************************************************************************

 

INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

NOTIFICATION

     The Board's decision on appointment of experts is available at Order No. 71 of 2013 and the same can be accessed under "Orders / Decisions" in Page No. 6.  This is for information of all.

/By Order/

Deputy Registrar

2nd April, 2013

 

 

 

 

 

 

 

 

 

*****************************************************************************************************************

INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

NOTIFICATION

 

          In pending ORAs/OAs., it is found that sometimes, Miscellaneous Petitions are filed without serving a copy on the other side. 

          Advocates are requested to serve a copy of MP on the other side simultaneously when it is filed before  IPAB  leaving it open  to  the respondent to file  counter  to  MP  as  per  IPAB  Rules.  Needless to say, if no counter is filed or no steps are taken for filing counter at the earliest point of time,  it is presumed that no counter is filed.  It is further informed that all MPs will be listed along with main matter, unless an urgent hearing is required depending upon the circumstances to be decided by the Board.

 

/By Order/

Deputy Registrar

4th April, 2013

*****************************************************************************************************************

INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

Tour Programme for JULY 2013 to SEPTEMBER, 2013

The Circuit Bench Sittings for the Period  July – September, 2013 are given below:

 

Period

Place

15.07.2013  to  19.07.2013

Delhi
(Trademarks )

19.08.2013  to  23.08.2013

Delhi
(Trademarks )

23.09.2013  to  27.09.2013

Delhi
(Trademarks)

 

 

 

 

 

 

 

 

 

 

               

 

                    By order

              (Deputy Registrar)

             6th  May, 2013

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INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

CIRCULAR

     The attention of the Members of the Bar is invited to the order of the Hon’ble Board in M.P.No.15/2012 in ORA/7/2012/TM/DEL, dated 2.1.2013 (Order No.7/2013) wherein it is observed,

“…… Members of the Bar to appear as interveners to help us to arrive at a decision whether this Board can grant interim orders even in rectification application in Trademarks Act and Geographical Indication Act and revocation application in Patents Act. Such applications must be filed on or before 30.3.2013. The Board will fix a suitable date after 1.4.2013 for hearing ……”

2.    The interested Bar Members are requested to file their applications on or before 30th March, 2013.

/By Order/

By Order

Deputy Registrar

19th March, 2013

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INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

F. NO: A-12011/2/2011-IPAB                                                                                                                                                                                      Dated: 22.02.2013

CIRCULAR

Intellectual Property Appellate Board (IPAB), Chennai invites applications from candidates with the following qualification for recruitment in the clerical cadre on contractual basis with monthly consolidated remuneration for Rs.15,000/-:

(i)                         Graduate with Proficiency in Computers:

(ii)                       Work experience of atleast one year in any of the Courts or Tribunals.

2.     The appointment shall be purely on contract basis and shall not confer any rights attached to the regular post of Lower Division Clerk.

3.      Applications with bio-data giving personal details and experience may be sent to the Deputy Registrar, Intellectual Property Appellate Board, Guna Complex Annexe-I, II Floor, 443, Anna Salai, Teynampet, Chennai-600 018 within one month from the date of issue of this Circular.  Applications received after the last date shall not be entertained.

                                                                                                                                                                                                                                                     (N. ANBAZHAGAN)

                                                                                                                                                                                                                                                        Deputy Registrar

 

Copy to:

 

1.        The High Court Notice Board (with covering letter to the Registrar General, High Court, Madras-with a request to place it     on the Notice Board)

2.        Man Power Agencies/All the Tribunals having its Bench at Chennai.

3.        IPAB Website.                                                                                                                    

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INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

TOUR PROGRAMME FOR January 2013 to June, 2013

The Circuit Bench Sittings for the Period  January – June, 2013 are given below:

                       

S.No.

Period

 

Place

1.

07.01.2013 to 10.01.2013

Ahmedabad (Trademarks)

2.

11.02.2013 to 15.02.2013

Delhi (Trademarks)

3.

11.03.2013 to 15.03.2013

Mumbai (Patent)

_______________________
Mumbai (Trademarks)

4.

08.04.2013 to 10.04.2013

 

11.04.2013 &

12.04.2013

Delhi (Trademarks)

_____________________
 

Delhi (Patent)

5.

13.05.2013 & 14.05.2013

 

15.05.2013 to

17.05.2013

Delhi (Trademarks)

______________________
 

Delhi (Patent)

6.

10.06.2013 to 14.06.2013

Kolkata  (Trademarks)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By order

(Deputy Registrar)

22nd  February, 2013

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INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

CIRCULAR

Registry is often receiving enquiries either orally or in writing, about the stage of cases in which arguments have been concluded and orders reserved. 

 

In spite of the fact that there is a shortage of staff members, the Hon’ble Members of the Board are having a minimum of one Circuit Bench Sitting every month. After arguments have been completed, orders are pronounced within a reasonable period.  Most of the orders are now being handwritten/typed  by the Hon’ble Members themselves as there is only one Private Secretary available as against the sanctioned strength of five.   Owing to the shortage of Private Secretaries, the pronouncement of orders may be delayed.   Further,  the staff members who accompany the Bench for the Circuit Sittings also have to do the day-to-day work at the Principal Seat at Chennai like, scrutiny of files, etc.  The number of staff must be increased considerably at all levels including the Hon’ble Members of the Board.  This has been reflected in the   Chairman’s report filed before the Madras High Court and this issue has been taken up with the Ministry of Commerce and Industry and they are taking necessary steps.  Considering the need to maintain confidentiality of the orders until they are pronounced, outsourcing the typing work is not done. 

 

The Registry hope that the advocates will appreciate the position faced by the IPAB.

By Order

Deputy Registrar

23rd November, 2012

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INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

CIRCULAR

It is requested that in Patent Cases, applicant/appellant must file the Certified copy

(a)     of the Complete Specifications where the patentee is the appellant; and

(b)    of the granted patent where the opponent is the appellant or where the opponent is applicant in a revocation application

By Order

Deputy Registrar

19th November, 2012

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INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

CIRCULAR

It is brought to the notice of the Registry that the cases filed under

 

(i)          Sections 47, 57,125 and 91 of the Trademarks Act,1999,

(ii)         Sections 64, 71 and 117A of the Patent Act, 1970, and

(iii)        Sections 27 and 31 of the Geographical Indications of Goods (Registration and Protection) Act, 1999

 

are still pending with the High Courts and recently, the IPAB received three patent cases from the Registry of one High Court.

 

2.         The Registry of IPAB has addressed letters to the Registries of various High Courts, in this regard.  To facilitate easy identification by the High Court Registries, it is necessary for the parties, whose cases have not been transferred to IPAB from the High Courts and/or their counsel to address letters to the respective High Court Registries, marking a copy to the IPAB Registry.

 

3.         Learned counsel concerned are, therefore, requested to take appropriate steps with the respective High Courts so that those cases pending still on the file of High Courts may be caused to be transferred to the file of IPAB for disposal. This will enable the early disposal of these long pending cases.         

By Order

Deputy Registrar

5th November, 2012

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INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

TOUR PROGRAMME FOR January 2013 to June, 2013

The Circuit Bench Sittings for the Period  January – June, 2013 are given below:

                       

S.No.

Period

 

Place

1.

07.01.2013 to 10.01.2013

Ahmedabad (Trademarks)

2.

11.02.2013 to 15.02.2013

Delhi (Trademarks)

3.

11.03.2013 to 15.03.2013

Mumbai (Patent)

_______________________
Mumbai (Trademarks)

4.

08.04.2013 to 10.04.2013

 

11.04.2013 to

12.04.2013

Delhi (Trademarks)

_____________________
 

Delhi (Patent)

5.

13.05.2013 & 14.05.2013

 

15.05.2013 to

17.05.2013

Delhi (Trademarks)

______________________
 

Delhi (Patent)

6.

10.06.2013 to 14.06.2013

Kolkata  (Trademarks)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By order

(Deputy Registrar)

22nd  February, 2013

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INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

 

IMPORTANT NOTICE FOR CIRCUIT BENCH SITTINGS AT MUMBAI

 

 

            The Circuit Bench Sittings at Mumbai from 15th October, 2012 to 19th October, 2012 will be conducted at  Court Room No. 15-AC, instead of Court Room No. 17on the Second Floor, High Court Annex Building, High Court, Mumbai.

By Order

Deputy Registrar

9th October, 2012

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Completing Nine Years 2003 - 2012

The Intellectual Property Appellate Board is entering into the tenth year of its existence on 15th September, 2012. It is both a moment to cherish and to stop and look back.  This Tribunal is the most important Tribunal in the country and has international implication and draws global interest.  The question is whether the Tribunal is suitably equipped.   Though the Board was established, the infrastructural amenities and permanent officers to make it an effective and functioning Tribunal were not provided.  For the Circuit Sittings, the Board was entirely dependent on the Ministry-appointed nodal officers chosen from the Intellectual Property Offices in the four centres. Sometimes, the Circuit Sittings had to be cancelled because, there was no space to conduct the sittings.   In short, the functioning of the Board was subject to vagaries beyond the control of the Chairman.  Then, the cases pertaining to Patent were also brought under the jurisdiction of the Board in the year 2007, thereby increasing the work-load and G.I. cases are included too.  

 

The ninth year of the Board, i.e. 2011–12 witnessed some changes.  Firstly, the catchy and purposeful logo of the Board was released on the 15th September, 2012. For the very first time in the short history of the Board, the Circuit Sittings were conducted in the Hon’ble Delhi High Court and Hon’ble Bombay High Court. The calendar of the Board was brought out for the very first time for the year 2012 so that the counsel could plan their diary. The Circuit Sittings were finalized well in advance and the schedule was published on the website of the Board so as to facilitate the counsel.

 

On the judicial front, the ninth year of the Board has been the best ever in terms of the number of disposals. A record number of 390 cases (344 Trademark cases and 46 Patent cases) were disposed. This feat is a veritable feather on the cap of the Board. This huge disposal has reduced the pendency considerably. This is no mean feat considering various challenges like minimal infrastructural amenities and paucity of staff strength faced by the Board.

 

The ninth year will always be remembered for a few important orders of the Board –

1. The Financial Times case

2. Ayur case

3. Pure It case

4. Dual sim case (Samsung)

5. Yahoo case

6. Infosys case

                                                     

The Ministry of Commerce and Industry, the administrative Ministry of the Board, has approved for the purchase of one acre of land at Chennai to have a permanent structure for IPAB and in this regard, the State Government has already been approached for identifying a suitable land.  That apart,  the IPAB’s needs have already been  included under the 12th Five Year Plan. A Detailed Project Report has been prepared, encompassing the various needs of the Board ranging from the land to such hi-tech necessities as video conferencing.

 

As regards the human resources field of the Board, a very major achievement was made as the absorption proposal with regard to the officers of the Board was finally approved by the Appointment Committee of Cabinet, New Delhi. This has resulted in the experienced officers of the Board being retained.  But, due to pay anomaly, the Board will soon be left with a single Private Secretary.

 

There are many more hurdles faced by the Board that need to be surmounted to take the stature of the Board to the next level. The road that lies ahead of the Board is quite long and demanding. The Board is well aware that it cannot afford to sit on its laurels; rather, the functioning of the Board should be primed to deliver the justice in a time-bound manner. Various steps are taken to achieve the objectives and it is fervently hoped that the Board will outperform itself in the years to come.

****************************

*************************************************************************************************************

INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

 

N O T I F I C A T I O N

 

 

            Whenever a new advocate enters appearance/files vakalat replacing the existing advocate on record, the consent of the existing advocate is required to be obtained while filing the new vakalat.  But, at times, it is not possible to obtain the consent immediately and this results in delay and difficulty.  Hence, it is brought to the notice of all concerned that consent of existing advocate must be obtained while filing new vakalat so that the Registry does not return the new vakalat on the above ground.  In case the consent of the advocate already on record cannot be obtained or the advocate on record refuses to give consent, the advocate filing the new vakalat shall apply to the Board with the affidavit of the party to that effect and after obtaining the permission of the Board, the advocate shall proceed with the case further.

 

By Order

Deputy Registrar

13th August, 2012

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INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

REVISED TOUR PROGRAMME FOR September – December, 2012

The Circuit Sittings for the Period  September – December, 2012 are given below:

S.No.

Period

Place

1.

24.09.2012 to 28.09.2012

Delhi (Patent) and
Delhi (Trademark)

2.

15.10.2012 and 16.10.2012

17.10.2012 to 19.10.2012

Mumbai (Patent)

Mumbai (Trademark)

3.

05.11.2012 to 09.11.2012

Delhi (Trademark)

4.

03.12.2012 to 07.12.2012

Kolkata  (Patent) and
Kolkata
 (Trademark)

5.

17.12.2012 to 21.12.2012

Delhi (Trademark)

 

 

 

 

 

 

 

 

By order

(Deputy Registrar)

6th August, 2012

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INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

 

NOTICE REGARDING CANCELLATION OF CIRCUIT BENCH SITTING AT KOLKATA

 

 

            Due to unavoidable circumstances, the Circuit Bench Sittings of IPAB at Kolkata from 3rd July 2012 to 6th July 2012 stand cancelled.  All the cases are adjourned sine die.  Notice of next date of hearing will be sent to all the parties/counsel concerned.

 

By Order

Deputy Registrar

3rd July, 2012

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INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

 

IMPORTANT NOTICE FOR CIRCUIT BENCH SITTINGS AT DELHI

 

 

            The Circuit Bench Sittings at Delhi from July 2012 onwards will be conducted at  THE INDIAN LAW INSTITUTE, BHAGWAN DASS ROAD, NEW DELHI - 110 001.

By Order

Deputy Registrar

18th June, 2012

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INTELLECTUAL PROPERTY APPELLATE BOARD

Guna Complex Annexe-I, 2nd Floor, 443 Anna Salai, Teynampet, Chennai-600018

Tele: 24328902/03   Fax: 24328905   Website: http://www.ipab.tn.nic.in

* * * * * * * * * * * *

 

IMPORTANT NOTICE FOR KOLKATA

SITTING FROM  3rd to  6th JULY, 2012

 

            All matters listed at Kolkata sitting from 3rd to 6th July, 2012 will be heard at 10.30 Hrs.  It may be noted that, the timing of the Hearing is found to be omitted in some of the Hearing Notices,  due to a technical glitch in the data merger. 

            Hence, the above information about the timing of the Hearing may be noted by all concerned.

By Order

Deputy Registrar

7th June, 2012

 

*****************************************************************************************************************

GREETINGS FROM IPAB ON THE

INTELLECTUAL PROPERTY DAY

On this ‘Intellectual Property Day’ (26th day of April, 2012), IPAB is proud to publish its Annual report for the year 2011.

ANNUAL REPORT FOR THE YEAR 2011

·        Intellectual Property Appellate Board has been witnessing a steady increase in the number of cases before it. The year 2011 was no exception. 353 new cases – both Trademark and Patent included – were filed during 2011. The winds of change saw several new appointments being made at different levels. Smt. Justice Prabha Sridevan was appointed as the Hon’ble Chairman of the Board on 09/05/2011. Smt. Justice Prabha Sridevan served as the Judge of High Court of Madras for more than ten years from March, 2000 to August, 2010 prior to assuming charge in IPAB. Mr. D.P.S. Parmar, formerly Deputy Controller of Patents, assumed charge as Technical Member (Patents) in IPAB on 04/05/2011. The Head of the Registry of the Board is headed by the Deputy Registrar. Mr. N. Anbazhagan, Assistant Registrar of Madras High Court, took over the reins of the Registry on 05/12/2011 after Mr.   G.Vijayaraghavan, the erstwhile Deputy Registrar, demitted office on 01/08/2011. Mr.V.Ravi, formerly Senior Joint Registrar of Trade Marks was appointed as Technical Member (Trade Marks) on 13.12.2011 (He assumed charge on 2.1.2012).

 

·        The Patent Procedure Rules were notified in 2011, which ushered in a new schedule of fee structure.

 

·        IPAB was required to create a logo as per the advice of the Parliamentary Standing Committee. After careful and diligent process of selection, the logo of the Board was released on 15/09/2011, coinciding with the eighth year commemoration of the Board. The slogan “balancing ip-protection” that features below the logo expresses the aim and endeavour of the Board to make IPAB a model tribunal. High-quality scribbling pads with the new logo printed on top were distributed on that day to the members of the Bar.  Calendar for the year 2012 depicting the new IPAB logo was also mooted.  That apart,  IPAB website was revamped so as to bring the dissemination of information instant. However, steps were initiated to bring the website more dynamic and user-friendly. The totally revamped website will be in place in due course.

 

·        Creation of the new logo was not the only change that happened in 2011. The term speedy disposal – an avowed purpose for creation of the Board – acquired a distinctive meaning as the number of disposed cases catapulted from 166 for the year 2010 to 274 during the year 2011. The achievement will be better appreciated keeping in mind that the Trademark and Patent Benches could not be constituted for four months and five months respectively due to absence of incumbents. Hence, the disposal figure of 274 is the output of just about 7 to 8 months. Further, it is pertinent to mention here that the speedy disposal has been achieved despite the problems ranging from poor inadequate infrastructure to paucity of manpower.

 

·        In 2011, Circuit Bench Sittings became more frequent,  resulting in the increase in disposal of cases.

 

·        2011 witnessed a significant event. The first G.I. case was listed for hearing.

 

·        On 20.12.2011, an interaction took place in IPAB with officials from various developing nations who participated in Eight Weeks International Training Programme on ‘Intellectual Property Rights and Implications for SMEs’, organized by NI-MSME (National Institute for Micro, Small and Medium Enterprises).

 

·        In December, 2012, a meeting was held in IPAB premises with Bar Members in the presence of the Director, DIPP on the amendment of rules and other few issues faced by the Bar.

 

·        The year 2011 will be remembered as a milestone year as the process of strengthening the Board in all areas took a definitive step with the inclusion of the above in the 12thFive Year Plan by the Ministry. The process of preparing a Detailed Project Report has commenced in the year 2011.  

 

·        Important orders such as,  Yahoo Case, Infosys case, Anandabhavan case, Brooke Bond Tea case, etc. were among the orders pronounced during 2011 and other orders pertaining to procedural aspects regarding leave of court under Section 124, granting of time under IPAB Rules, were also passed.  

 

·        The problems that continue to afflict the Board were highlighted before the Hon’ble First Bench of the High Court of Madras in a PIL filed by a professor in Intellectual Property Rights, West Bengal National University of Juridical Sciences, Kolkata (W.P.No.1256 of 2011). The Hon’ble High Court has, by way of interim order, directed the Central Government to make available good infrastructure to the Board to ensure proper functioning. The Central Government has indicated its willingness to allow IPAB to hire a bigger accommodation till a regular infrastructure is available. The Board is in the process of finalizing a suitable accommodation. The PIL is still pending.

 

·        We shall  be failing in our duty, if we do not mention the excellent co-operation from Bar Members. But for that, the disposal at the desired level would not have been achieved.

 

·        To conclude, the year 2011 turned out to be an eventful year holding out promises for steady progression in its stature in the years to follow.

 

*****

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Written submissions on final hearing

 

After oral arguments, counsel request that they may be permitted to file written submissions. Considering the same, all practising lawyers are requested to have their written submissions ready, if so desired, when they commence their arguments at the time of final hearing itself, so that the oral submissions can also be based on and with reference to the written submissions and the Board need not wait for the written submissions/reply submissions to be filed after the arguments are completed.  The co-operation of lawyers will greatly be appreciated.

 

By order

(Deputy Registrar)

2nd April, 2012

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PROPOSED TOUR PROGRAMME FOR May – December, 2012

The Circuit Sittings for the Period  May – December, 2012 are given below:

S.No.

Period

Place

1

21.5.2012 to 25.5.2012

Delhi  (Trademark)

2

18.6.2012 to 21.6.2012

Ahmedabad (Trademark)

3

03.07.2012 to 6.07.2012

Kolkata  (Trademark)

4

23.07.2012 to 27.07.2012

Delhi (Trademark)

5

 

27.8.2012 to 29.8.2012

Delhi (Trademark)

30.8.2012 to 31.8.2012

Delhi  (Patent)

03.09.2012 to 07.09.2012

Mumbai (Patent)

7

24.09.2012 to 28.09.2012

Delhi (Patent) and
Delhi (Trademark)

8

08.10.2012 to 12.10.2012

Delhi (Trademark)

9

16.10.2012 to 19.10.2012

Mumbai (Trademark)

10

05.11.2012 to 09.11.2012

Delhi (Trademark)

11

03.12.2012 to 07.12.2012

Kolkata  (Patent) and
Kolkata
 (Trademark)

12

17.12.2012 to 21.12.2012

Delhi (Trademark)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By order

(Deputy Registrar)

16th April, 2012

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                               Dated:   27.12.2011

 

GENERAL INSTRUCTIONS

 

          It is heartening to note that filing of Form 3 has been drastically reduced. This means that the members of the Bar have taken the instructions posted on the website seriously. This is appreciated.

 

2.                Normally appeals/applications will be taken up for hearing in the chronological order. But if pleadings are complete and the counsel are ready to argue then the chronological order may not be strictly followed since expeditious disposal is the object.

 

3.                The Board has decided that while sitting at the Principal Seat at Chennai, Thursday and Friday will be kept free for hearing matters from Mumbai, Kolkata , Ahmedabad and Delhi so that in matters which require urgent orders or extensive arguments both counsel may file   a joint memo for hearing at Chennai.

 

4.                It is seen that miscellaneous petitions for filing additional documents or for other reliefs are filed on the eve of the date on which hearing is fixed. The other side necessarily will take time to file their reply. Sometimes counsel for the other side may not be local counsel and at a considerable expenditure to their clients they come prepared to argue the matter along with junior counsel or the instructing counsel. If additional evidence is absolutely necessary, the petition for reception of the same may be filed atleast two weeks prior to the date on which the hearing is fixed. Any last minute application will be entertained on payment of actual cost to the other side if it is a case of counsel who have come from outside or on payment of exemplary costs. It is necessary for everyone to understand that this Board was set up only for expeditious disposal of Intellectual Property disputes. Any practice that is counter productive to this object must be discouraged.

 

5.                It is also found that pleadings are signed sometimes by the advocate who has entered appearance on behalf of the party. This is not ethical and is contrary to law. In 1989 (1) LW 543 Nagarajan.V.P. v. Prabhavathi the Hon’ble Madras High Court has soundly criticized this practice as follows:

                   “In recent times, an unhealthy practice has grown up among the members of the Bar to come out with affidavits in support of their clients even without the clients themselves filing affidavits setting out the facts. Unfortunately the implications and consequences thereof have not been realized by them. Under Order 19, Rule2, C.P.C., affidavit will be evidence in an application and the Court could order cross-examination of the deponent. Thus the advocate who files an affidavit in support of an application is liable to be cross-examined and by filing the affidavit, he takes the role of a witness.

 

                   The Bar Council of India has framed rules under Section 49© of the Advocates Act, 1961. The indiscriminate way in which affidavits are filed by counsel on records nowadays make the Court doubt whether any of them is aware of the above rule.”

 

It must be remembered that if the other side attacks the pleadings as false or the evidence as forged and summons the advocate for cross-examination, a member of the Bar runs the risk of being charged with perjury. In the interest of the members of the Bar, it is requested that this practice is discontinued right away.

 

3.                The members of the Bar are also requested to exercise some caution while entering appearance on behalf of a party so that any occasion for conflict of interest does not arise. Recently a litigant appeared before the Board and complained that the counsel appearing for the other side had originally appeared for him before the Trade Marks Registry. This too has to do with professional conduct and little discipline and care on the part of the members of the Bar will go a long way in raising the standard of excellence in the profession.

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PROPOSED TOUR PROGRAMME FOR January – April, 2012

    The Circuit Sittings of the Board for the period January – April, 2012  are given below:

Sl. No

Period

Place

1.

09.01.2012 to 13.01.2012

Delhi

2.

23.01.2012 to 25.01.2012

Mumbai

3.

13.02.2012 to 15.02.2012

Delhi

4.

16.02.2012 to 17.02.2012

Delhi

5.

27.02.2012 to 01.03.2012

Kolkata

6.

12.03.2012 to 16.03.2012

Mumbai

7.

26.03.2012 to 30.03.2012

Delhi

8.

09.04.2012 to 11.04.2012

Ahmedabad

9.

12.04.2012 to 13.04.2012

Mumbai

10.

23.04.2012 to 27.04.2012

Delhi

(By Order)

Deputy Registrar

20th  December 2011

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Announcement on extension requests

 

        The Members of the Bar are aware that the practice hitherto has been to file numerous Form-3 requests for extension of time without any justifiable reasons.  Therefore the Board started imposing heavy costs to curb this practice.  Some of the Senior Members of the Bar have made a request that hereafter they would not seek repeated extension of time and the Board may not impose such heavy costs.  They also said that it is only because until now, requests for extension of time were freely granted that they had taken advantage.  They have given an assurance that without justifiable reason, they would not seek such extension.  Therefore, the Board has accepted the counter statement/reply or other documents filed within the time so extended, though the costs stipulated have not been paid.  But it is made clear that hereafter any unreasonable delay will result in costs being imposed.

 

(By Order)

Deputy Registrar

22nd  November 2011

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Guidelines issued by Intellectual Property Appellate Board

 

Ø      Pleadings shall be brief and not argumentative. The legal provisions and the extracts from decisions shall not form part of the pleadings. They should not be repetitive. Pleadings must be verified by the party and not the counsel. Repetition of pleadings shall be avoided while filing Miscellaneous Petitions to avoid wastage of paper.

 

Ø      It shall be typed on foolscap green sheet on both sides having 5cm margin on either side. All the documents filed into the Registry shall be of the same size.

 

Ø      No change of Vakalat shall be accepted without the consent from the earlier counsel. This is a matter of professional courtesy, etiquette and ethics. The members of the Bar are requested to cooperate in this regard.

 

Ø      The counsel shall ensure that the paper book containing pleadings shall be numbered before serving on the other side so that the paper book filed in the Registry and the paper book with the counsel on both sides are identically paginated.

 

Ø      The address for service in India of the respondent must be given, if the respondent resides/carries on business outside India.

 

Ø      Counter statements are not normally filed in appeals. The Rules are proposed to be amended suitably. The members of the Bar are requested to cooperate in this regard and be ready to argue the appeal after service of notice and the date of hearing is fixed.

 

Ø      The Applicant shall number his evidence as Exhibit A1, A2 etc. The respondent shall number his documents as Exhibit R1, R2 etc. If any additional evidence is filed along with any miscellaneous petition, that evidence will be numbered continuously with reference to the documents originally filed. E.g. if the evidence filed originally was from Ex. A1 to A20, then the additional evidence will start from Ex. A21. The same method will be followed by the respondent.

 

Ø      Extension of time for filing counter statement/reply shall not be sought on vague reasons. Unnecessary extension will not be granted. The two months’ period provided by law is sufficient, and unless there is a compelling reason no further extension must be sought for and extension beyond actual period of two months will be granted on payment of costs and filing the counter statement/reply on the stipulated date.

 

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ADDRESS FOR SERVICE IN INDIA (PATENT CASES)

 

Sometimes, the Registry receives applications or appeals filed against respondents who do not carry on business in India. The Registry has come across both Applications and Appeals, wherein the Respondent does not carry on business in India. However, the address for service in India in respect of the Respondent as filed before the Patent office in Form 1 is not given. The Registry, therefore, has to effect service on the Respondent directly at the foreign address. Sometimes, the notice is not served for various reasons and those Application / Appeal papers are returned to the Registry. In those circumstances, the Registry is requested by the Postal authorities to collect the returned parcels by paying a specified amount on account of demurrage, etc. There is no provision to collect the returned parcels by the Registry. Further Form 2 of the Patents Appeals & Application to the IPAB Rule 2011 provides for intimation of address for service in India if the applicant has no place of business or of residence in India. The same will be applicable to Respondent also. In view of the above, the Registry may insist on address for service in India, and the applicants / appellants are required to specify the same. If the above is not complied with, the Registry shall issue defect notice.

(By Order)

Deputy Registrar

23rd September 2011

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ADDRESS FOR SERVICE IN INDIA (TRADE MARK CASES)

        Sometimes, the Registry receives applications or appeals filed against respondents who do not carry on business in India. As per proviso to Section 18(3) of the Trade Marks Act, 1999, address for service in India is required to be disclosed in the Application for registration of trade mark when the Applicant or any of the joint applicants does not carry on business in India. The Registry has come across both Applications and Appeals, wherein the Respondent does not carry on business in India. However, the address for service in India in respect of that Respondent as filed before the Trade Marks Registry is not given. The Registry, therefore, has to effect service on the Respondent directly at the foreign address. Sometimes, the notice is served for various reasons and those Application / Appeal papers are returned to the Registry. In those circumstances, the Registry is requested by the Postal authorities to collect the returned parcels by paying a specified amount on account of demurrage, etc. There is no provision to collect the returned parcels by the Registry. Further, there is a statutory requirement in the above Act to specify the address for service in India in respect of trademarks held by those who do not carry on business in India as per proviso to Section 18(3) of the Act.. In view of the above, the Registry may insist on address for service in India, if the applicants / appellants are required to specify the same. If the above is not complied with, the Registry shall issue defect notice.

(By Order)

Deputy Registrar

13th September 2011

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CREATION OF LOGO AND SLOGAN

  

          The Intellectual Property Appellate Board has great pleasure in releasing the new Logo and the Slogan. The logo and the slogan express the aim and endeavour of the Board to make it a model Tribunal. The upward slope of the ‘A’ connotes the aim to attain excellence. The national colours have been chosen to show that our adjudication will be rooted in the Constitution and the small balance in the ‘A’ indicates that IPAB will perform its role of balancing the individual interest with the social/public interest. The motto reads as balancing ip - protection”.  

(By Order)

Deputy Registrar

15th September 2011

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ANNOUNCEMENT REGARDING PATENT RULES

           The Gazette Notifications in respect of G.S.R. 930(E) and G.S.R. 209(E) with regard to Patent Rules have been issued on 29.11.2010 and 11.03.2011 respectively.  The said Notifications are available in our website under the button "Rules of Procedures".  So all appeals and applications are to be filed strictly in accordance with the above Notifications.

(By Order)

Deputy Registrar

16th August 2011

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ANNOUNCEMENT  ON  FORM 3

        The Hon'ble Chairman has ordered on the issue of filing of Form 3 under Rule 14 of the Intellectual Property Appellate Board (Procedure) Rules, 2003.  The said Order is published under the Heading "Order on Form 3" in the website.  The said order may be viewed by clicking the button "Orders/Decisions" on the Home Page.

(By Order)

Deputy Registrar

23rd July 2011

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          It is observed that when case papers are filed in identical matters wherein the same documents are relied on, separate type-sets are filed for each of the appeals/applications. There is no need to file separate type-sets for each of the appeals/applications where the same documents are relied upon. In such cases, a single set of type-set along with an affidavit/memo signed by the party/counsel/agent may be filed to the effect that same set of documents will be relied on for all such identical matters. By this course, usage of extra space can be avoided, as also unnecessary wastage of paper.

(By Order)

Deputy Registrar

13th June 2011

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Urgent announcement regarding requests for adjournment of hearing  (NEW)

           As per Rule 18 of the Intellectual Property Appellate Board (Procedure) Rules, 2003, the application for adjournment must be made with prescribed fee fifteen days before the date of hearing.  If the Demand Draft does not bear a date, fifteen days prior to the date of hearing, the Board will not accept the Form 5.  

(By Order)

Deputy Registrar

9th June 2011

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Urgent announcement regarding requests for adjournment of hearing

          It is made clear that merely by filing Form 5 and paying Rs. 1,000/- per month for adjournment of cases the advocates/parties should not be under the impression that adjournments will be given.  The Board has the absolute discretion to grant or refuse adjournment and also give a shorter date for hearing the case. It is therefore made clear that after filing Form 5 and paying the necessary fees, the advocates or their representatives should be present at the Board hearing so that if the parties have any preference regarding the date of further hearing in the case, they may indicate the same in the open court.  It is also made clear that once the first notice of hearing intimating the posting of the case is issued, each and every date of subsequent hearing will not be intimated by post.  It is therefore advisable that a junior counsel/agent/party is present when the matter is listed.

(By Order)

Deputy Registrar

7th June 2011

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PROPOSED TOUR PROGRAMME FOR JUNE – DECEMBER, 2011

             It is proposed to conduct the Circuit Bench Sittings of the Hon’ble Board at the following places against the dates indicated in respect of Trade Mark & Patent matters:

S.No

DATES

VENUE

1

20-21, June

(Patent  cases)

22-23, June

(Trade Mark cases)

 

Kolkata

 

2.

4-8, July

(Trade Mark cases)

 

Delhi

3.

1-5, August

(Trade Mark cases)

Delhi

4.

5 – 9, September

(Trade Mark cases)

Delhi

5.

19-21, September

(Trade Mark cases)

Ahmedabad

6.

17-19, October

(Trade Mark cases)

20-21, October

(Patent  cases)

 

Delhi

 

7.

14-18, November

(Trade Mark cases)

Delhi

8.

28th Nov  – 2nd Dec

(Trade Mark cases)

Mumbai

9.

12 -16, December

(Trade Mark cases)

Delhi

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        Parties to the proceedings are required to file applications, appeals, documents along with applications and appeals, counter statements to the applications and appeals and replies there to and Miscellaneous Petitions and replies to Miscellaneous Petitions in CDs in duplicate (in PDF format) in addition to hard copies that are being filed before the registry.

(By Order)

Deputy Registrar

19th May 2011

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ANNOUNCEMENT  REGARDING  CONSTITUTION  OF  BENCH  TO  HEAR  TRADE  MARK  CASES

           A D.O. letter has already been sent to the Secretary and  Joint Secretary of Department of Industrial Policy and Promotion suggesting certain amendment to the Rules relating to  Trade Marks (Removal of Difficulties) Order,2004 . 

            In 2004 a difficult situation arose when the Technical Member tendered his resignation on 30.09.2003 and proceeded on leave with effect from 9.02.2004 with ostensibly no intention of re-joining.  At that time a difficulty arose in constituting a Bench for hearing matters in the absence of  a Technical Member.  A note had been prepared  which was approved by the then Chairman and the Vice-Chairman on  10.02.2004.  Some paragraphs of the note are extracted hereunder:-

                “The term "Member" here is to be read in terms of its definition in Section 2(1) (n) which includes a person appointed either as Judicial Member, Technical Member, Chairman or Vice-Chairman. Thus, the term "Technical Member" as defined in Section 2(1) (zd) excludes only Judicial Member and retains the rest including the Chairman and the Vice-Chairman. The term "Judicial Member' in terms of section 2(1) (k) includes the Chairman and the Vice-Chairman. Technical Member as defined in Section 2(1) (zd) too includes the Chairman and the Vice-Chairman as explained above.”

            “The above leads to a possible view about the provisions of the Act  that the Chairman and the Vice-Chairman as Members of the Appellate Board are both Judicial and Technical Members and thus amongst themselves they can validly constitute a Bench, one being a Judicial Member and the other being a Technical Member.”

                “We understand that steps have been taken to fill up the posts of Technical Members which of course may take some time. Besides, clearing the huge pendency which has been and is being in the process of transferred from the High Courts to IPAB (the earliest case transferred is of 1987), there are certain provisions of the Act which brook no delay.

           “In view of the above, it is necessary that at least one functioning Bench (one Judicial Member and one Technical Member) is available at all times and there is no gap at any point of time. The scheme of the detailed provisions of the Act as explained above in the preceding paragraphs leads to an unambiguous conclusion that the legislative intention had been to enable the Chairman and the Vice Chairman to function as both Judicial Member and Technical Member.” Thus amongst themselves they can constitute a Bench

            By way of abundant caution the then Chairman and the Vic-Chairman requested the Ministry to suitably amend the Trade Marks (Removal of Difficulties) notification of 28.04.2004.    The above notification does not meet all the possible contingencies that may arise. The language of Rule 2 cannot be understood to restrict the power to form  the Bench when there are other reasons for a vacancy in the office of the Technical Member.  The  only logical manner in which it must  be understood is that even if the vacancy was due to leave of absence, a Bench may be constituted consisting of the Chairman and the Vice-Chairman, there may be other reasons like recusal or resignation or long pending vacancy which justifies the formation of Bench consisting of the Chairman and the Vice-Chairman. That alone would advance the reason for making the order remove the difficulties that arise when there is a vacancy. 

              The Act itself places no embargo on the Chairman and Vice-Chairman  acting either as Judicial Member or Technical Member.  Section 2(1) (k) and 2(z) (d) of the Act are very clear.  So this further justifies the constitution of the Bench consisting of the Chairman and the Vice-chairman.

            For the above reasons, it has been decided to constitute the Bench consisting of the Chairman and the Vice-Chairman from 6.6.2011 for hearing trade mark matters, which have not been taken up for hearing since 28th December, 2010 for want of a Technical Member.

 

                                                                                                                                                                                    Sd/-

CHAIRMAN

12.05.2011

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It has been observed that some of the Applications, Appeals and Miscellaneous Petitions filed before Registrar, are typed on
“A-4” sheets and some of them are typed on both sides. It is reiterated that those said Appeal, Application and Miscellaneous Petition may be typed on one side of the legal size green sheets only.

  Sd/-

(G. VIJAYARAGHAVAN)

Deputy Registrar

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