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L. NAGESWARA RAO, HEMANT GUPTA, S. RAVINDRA BHAT
International Association for Protection of Intellectual Property (India Group) – Appellant
Versus
Union of India – Respondent
JUDGMENT :
S. RAVINDRA BHAT, J.
1. This judgment will dispose of an application by which directions are sought that till a new chairperson of the Intellectual Property Appellate Board (hereafter referred to as “the board” or “IPAB”), is appointed, the incumbent (whose tenure had been extended by interim orders of this court, up to 31.12.2020) should continue to function as Chairperson.
2. The applicant (the International Association for Protection of Intellectual Property [India Group]) had preferred a Writ Petition (WP(C) 1431/2019), which was disposed of by this court by a judgment along with a batch of other petitions and applications on 27th November 2020, in the judgment reported as Madras Bar Association v Union of India, (2020) SCC OnLine SC 962. The applicant seeks extension of the term of the incumbent Chairperson of the board stating that his appointment was made under section 89A of the Trademarks Act, 1999 (“TM Act” hereafter). The applicant urges that Section 184 of the Finance Act, 2017, prescribes the term of office and the conditions of service of Chairperson and members of various tribunals including that of the Board. Section 161 of the Finance Act inserted Section 8
Technical Members can function as Chairperson of Intellectual Property Appellate Board.
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