The Trademarks Act 1999 (47of 1999) in its Statement of Objects and Reasons, declared to achieve the purposes for which the trademark law was re-enacted wherein it was proposed, inter alia , to provide for an Appellate Board for speedy disposal of appeals and applications for the rectification of registered trademarks which then lay before the High Courts. Accordingly, the Intellectual Property Appellate Board (IPAB) was established by the Central Government, which was notified in the Official Gazette on 15th Sept 2003.
The Intellectual Property Appellate Board currently exercises jurisdiction over Trademarks, Patents, Geographical Indications and Copyright Cases. The IPAB has its headquarters at Chennai. The Registry at Chennai covers the jurisdiction of Chennai, Mumbai, Kolkata and Ahmadabad. A Registry cum Bench is located at New Delhi which covers the jurisdiction of New Delhi. The Circuit Bench sittings are held at Ahmadabad, Kolkata and Mumbai in addition to Chennai and New Delhi.
By The Trademarks Act 1999, the Intellectual Property Appellate Board was granted the jurisdiction to hear all cases pertaining to the Appeals from the Order or Decision of the Registrar and all other cases pertaining to Rectification of Registered Trademarks, which were then pending before any High Court. All such cases stood transferred to the IPAB under Section 100 of the Trademarks Act 1999.
The Patents (Amendment) Act 2002 was enacted to bring our patent regime in line with the TRIPS agreement. The Intellectual Property Appellate Board was conferred by this Act with the jurisdiction to hear all cases related to Appeals against any order or decision of the controller and all other cases pertaining to Revocation of Patent other than on a counter claim in a suit for infringement and Revocation of Registered Patents which were pending before the respective High Courts. All such cases stood transferred to the IPAB under Section 117-G of this Act.
The Geographical Indications of Goods (Registration and Protection) Act 1999 was enacted to provide for the registration and better protection of geographical indication marks relating to goods. Among the salient features of the Act was the provision of appellate remedy before the Intellectual Property Appellate Board (IPAB) established under the Trademarks Act.
In pursuance of the Finance Act, 2017(7 of 2017) which has come into force on the 26th of May, 2017, the Copyright Board has been merged with the Intellectual Property Appellate Board (IPAB). All pending cases which then lay before the Copyright Board are now transferred to the IPAB.