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2006 Supreme(Guj) 479

RAVI R.TRIPATHI
WYETH HOLDINGS CORPN. – Appellant
Versus
CONTROLLER GENERAL OF PATENTS, DESINGS AND TRADE MARKS – Respondent


Advocates Appeared: P.J.MALKAN, P.M.THAKKAR, P.P.BANAJI, P.S.RACHH, R.R.SHAH, T.N.DARUVALA

( 1 ) THE petitioners, manufacturers of pharmaceutical and medicinal preparations being aggrieved of impugned order dated 29. 06. 2005 passed by the Assistant Registrar of Trade Marks, Ahmedabad " respondent No. 2 herein are before this Court. Impugned order dated 29. 06. 2005 is an order which is not only devoid of any reasons but is also drawn in a very sketchy manner. Though the Intellectual Property Appellate Board (hereinafter referred to as, "the IPAB" for short) has been observing against such orders, time and again, respondent No. 2 though in know of such observations of IPAB, refused to take cognizance thereof. In the matter of ASIAN PAINTS LTD. VS. REGISTRAR OF TRADE MARKS AND ANOTHER, reported in 2005 (30) PTC 444 (IPAB), the board observed as under: "the impugned order has been drawn up in a very sketchy manner. Quasi judicial orders affecting the vital interests of the society should be put down in a more serious manner. "

( 2 ) THIS very board in yet another matter of HINDUSTAN LEVER LTD. VS. SUNRIDER CORPORATION AND ANOTHER, reported in 2006 (32) PTC 287 (IPAB) has again observed that:"in this case we find that the operative part of the order runs into seven lines. A


























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