Transfer of Cases from High Courts

One of the objects for the setting up of the IPAB is speedy disposal of appeals and rectifications of applications which are at present pending in  various High Courts.  In view of this, the Central Government  under section 100 of the Act has notified that with effect from 6th October, 2003, all cases of appeals against any order or decision of the Registrar of Trade Marks and all cases pending for rectification of the register before any High Court shall be transferred to  IPAB.  However, under sub-section (4) of section 159 of the above Act, any legal proceeding pending in any court before the commencement of The Trade Marks Act, 1999 may be continued in that court as if the Trade Marks Act, 1999 had not been passed.  This provision is in relation to infringement or criminal proceedings pending before the courts.