CJI Bobde led Bench extends the tenure of IPAB Chairman by One Year. [Read the Order]

Intellectual Property Appellate Board (IPAB), pic by: YouTube

26 Dec 2019

Categories: Latest News Intellectual Property News

On Wednesday, the Supreme Court extended the term of Justice (Retd.) Manmohan Singh as the Chairman of the Intellectual Property Appellate Board (IPAB) for one more year.

Order to the effect of the same has been passed by a bench comprising of CJI SA Bobde and Justice BR Gavai and Justice Suryakant, on a plea by the International Association for Protection of Intellectual Property filed in view of the fact that the post of IPAB Chairman has been lying vacant since Sept 21, this year.

On Sept 21, Justice (retd.) Singh’s term as Chairman had come to an end. Manmohan Singh's tenure as IPAB Chairman was initially set at three years when he appointment order was issued in July 2017.

Though, in Dec 2017, a letter was issued intimating that his term would come to an end on Sept 21, 2019. On Sept 22, Justice (retd.) Singh attained the age of 65 years.

However, no Chairman was appointed in his place when the end of this shortened term came to an end.

The Association contended that this vacancy led to the IPAB becoming defunct, thereby causing hardships for the thousands of litigants who have cases pending before the IPAB. As per the petition filed by Hemant Singh, the President of the Association, through Advocate Mohit D Ram,

“There are over 2,800 trademark cases and 583 patent cases … Patent rights have a limited term of 20 years and the delay in their adjudication by the IPAB is resulting in a denial of valuable rights to the patentees to enforce the patent in absence of such adjudication. This constitutes and mounts to denial of access to justice and violation of fundamental right under Article 21.”

It was further contended by the association:

“The act of Respondent of limiting the tenure of the incumbent Chairperson is arbitrary and is based on the misconception of the law which requires immediate correction.”

The Association had pleaded before the Supreme Court to order the reinstatement of Justice (Retd.) Manmohan Singh as the Chairperson of the Appellate Board until he reaches the age of 67 years, or till the appointment for a new Chairperson.

The Court concernly pointed out that the post of IPAB Chairman cannot be allowed to be vacant.

The Court was informed that the appointment process of the new Chairman will be completed soon and directed that Justice (retd.) Singh continues as Chairman in the meantime.

The order stated,

“In the meantime, however, we consider it appropriate to direct that the last incumbent viz., Mr. Justice (Retd.) Manmohan Singh, be allowed to continue as Chairman of IPAB for a period of one year after he attains the age of superannuation as there is no break in service."

The matter will be taken up for hearing next on Feb 05, 2020.

In meantime, AG Venugopal who was opposing the petition told the Court that he would obtain instructions on the aspect of whether the location of the Principal Bench of the IPAB should be shifted from Chennai to a more convenient, central location or whether a new Bench should be established in such a location.

The order has been passed by CJI SA Bobde and Justice BR Gavai and Justice Suryakant on 18-12-2019.

Read Order Here:

Tags : Supreme Court CJI SA Bobde Chairman Intellectual Property Appellate Board (IPAB) Intellectual Property

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