Jurisdiction

In terms of the Notifications No.12/15/2006-IPR-III) dated 2/4/2007 issued by the Ministry of Commerce & Industry, the provisions of the Patent Amendment Act, 2002 and the Patents Amendment Act, 2005, relating to the Intellectual Property Appellate Board have been brought into force. Thus, all the Appeals pending before the various High Courts, will stand transferred to the IPAB. Likewise, fresh Rectification Applications under the Patents Act, 1970, will have to be filed before the IPAB.

The object of setting up the Appellate Board is to hear and decide appeals from the order or decision of the Registrar of Trade Marks which till now were under the jurisdiction of the High Courts.

The Appellate Board can also entertain original applications for rectifications of the register of trade marks under sections 47 and 57 of the above Act.  It can also entertain applications for rectifications of the register under section 125 of the above Act.

Appeals from an order or decision of the Registrar under rule 162  of  The Trade Marks Rules, 2002 shall also be heard by the IPAB.

It is provided  that similar matters arising under the Geographical Indications of Goods ( Registration and Protection ) Act, 1999 shall also be heard and decided by IPAB.

The Trade Marks Act, 1999 and the corresponding Trade Mark Rules, 2002 as well as the Geographical Indications of Goods (Registration and  Protection ) Act, 1999  and  the  Geographical  Indications  of  Goods ( Registration and Protection ) Rules, 2002 have all come into force with effect from 15th September, 2003.