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2013 Supreme(Mad) 3376

M.JAICHANDREN, M.M.SUNDRESH
Aloys Wobben Argestrasse 19, 26607 Aurich, Germany, Represented Through His Constituted Attorney Ms. Vasundhara Raman – Appellant
Versus
Intellectual Property Appellate Board – Respondent


Advocates appeared:
For the Petitioner:P.S. Raman, Senior Counsel & Sathish Parasaran for Pravin Anand Binny Kalra, M.s. Bharath Shrawan Premchandar, Ms. Saukshyma of Anand & Anand, Advocates.
For the Respondents:R1 & R3, Mani Sundar Gopal, SCGSC for K.G. Raghavan, Senior Counsel for Nikhil Sakhardande, Ms. Swagata Naik, R. Parthasarathy, R2, Ayush Sharona & Thriyambak Kannan, Advocates.

JUDGMENT

M.M. Sundresh, J.

1. W.P.No.17539 of 2011 has been filed for the issuance of a writ of certiorarified mandamus to call for the records of the order, dated 2nd December, 2010, passed by the first respondent in its proceedings ORA No.11/2009/PT/CH and quash the same and consequently, direct the third respondent to restore/reinstate the petitioners' patent No.IN202912 on the Register of Patents in the event that the same is removed subsequent to the filing of the present writ petition.

2. With the same prayer, challenging the similar proceedings, of course with different numbers, other writ petitions have been filed by the very same petitioner. Since all these writ petitions are interconnected on facts and issues, they have been heard together and are given joint disposal by this Common Order.

3. The pivotal issue that looms large before us at this stage is the jurisdiction and its extent of the Intellectual Property Appellate Board in entertaining an application filed under Section 64 of the Patents Act, 1970. To be precise, we are only concerned at this stage with the jurisdiction of intellectual property to decide the validity of an authorisation to come to the conclusio






































































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