SC extends term of Justice (Retd.) Manmohan Singh as IPAB Chairman for Three Months [Read Order]

On Wednesday, in a hearing concerning to Tribunal appointments, the Supreme Court extended the tenure of Justice (Retd.) Manmohan Singh as Chairman of the Intellectual Property Appellate Board (IPAB).

Justice Manmohan's tenure as IPAB Chairman has now been extended by a period of three months after having previously extended in December last year.

A Bench comprising of Chief Justice of India SA Bobde and Justice BR Gavai and Justice Surya Kant had previously extended Justice Singh's tenure in Dec 2019.

The order has been issued after the International Association for Protection of Intellectual Property brought to the Court's notice that no successor had been appointed after Justice Singh's term came to an end in Sept last year.

His tenure was initially set at three years when his appointment order was issued in July 2017.

However, in Dec 2017, a letter was issued intimating that his term would come to an end on Sept 21, 2019. On Sept 22, Justice Singh attained the age of 65 years. However, no Chairman was appointed in his place meanwhile.

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 Tribunal.

The Court, in turn, opined that the post of IPAB Chairman cannot be allowed to be vacant. Whereas the Bench was informed that the appointment process of the new Chairman would be completed soon, it directed that Justice Singh continue as Chairman in the meantime.

Following this, in March this year, the Centre also notified that Justice Singh would continue as the IPAB Chairman for a period of one year beyond attaining the age of 65 years i.e. up to Sept 21, 2020, or until further orders, whichever is earlier.

This one year period would have come to an end on Sept 21 this year but the Court has now extended Justice (retd.) Singh's tenure by an additional three months.