Madras High Court recently declared that sections 85(2)(b) and 85(3)(a) of the Trade Marks Act, 1999, which deal with the qualifications and selection of the chairman and members of the Intellectual Property Appellate Board (IPAB), are unconstitutional, holding that they are “an affront to the separation of powers, independence of judiciary and basic structure of the constitution”.
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The dispute digest is compiled by Bhasin & Co, Advocates, a corporate law firm based in New Delhi. The authors can be contacted at lbhasin@bhasinco.in or lbhasin@gmail.com. Readers should not act on the basis of this information without seeking professional legal advice.
