State of Intellectual Property Appellate Board.

The Judgment document of the MYLAN LABORATORIES LIMITED vs UNION OF INDIA & ORS IN THE HIGH COURT OF DELHI AT NEW DELHI, in W.P.(C) 5571/2019 & C.M. Appln. 24540/2019 & 26833/2019 brings to light of the state of Intellectual Property Appellate Board

As per the status report handed over by the Deputy Registrar IPAB (Intellectual Property Appellate Board), on 24 May 2019, there are no Technical Member (Copyright) appointed till date. With respect to Patents, the post of Technical Member (Patents) lying vacant since 04th May, 2016. With respect to Trade Marks, the post of Technical Member (Trade Marks) lying vacant since 05th December, 2018. There is only one Technical Member relatingto Plant Varieties Protection."

There are, as on 23.05.2019 at IPAB, 617 Patent cases pending in the form of appeals and revocation. Further, there are 2626 Trade Mark cases, 01 Geographical Indication case and 691 Copyright cases pending before the IPAB.

At the IPAB, there are vacancies, in the posts of Vice-Chairman (since 22/06/2014)
Technical Member (Trademarks) (since 05/12/2018), Technical Member (Patents)
(since 04/05/2016) and Technical Member
(Copyright) (since date not mentioned)

The Chairman, as per the report of the Union of India, is likely to demit office in around September, 2019.

The term of a patent is only 20 years and in many cases, due to lack of Coram, the patents have expired and the matters have become infructuous and rights of parties have been severely prejudiced.

Adopted Child and Parents

In case of adoption within relatives / acquaintances, Registered Adoption Deed is enough and no need for Court Order.
Registrar of B&D to verify if the Deed is Registered before SR, and then make necessary changes wrt the name of adoptive parents and child, and issue the birth certificate.
See Order

Suspension not to Extended Beyond Three Months : SC

The High Court of Judicature at Madras on 03.11.2018 allowed a writ petition, presented by  a Mr.M.Ramdoss for the petitioner, and quashed the impugned proceedings quoting a judgment of the Supreme Court, wherein "the Hon'ble Supreme Court has made it clear that the currency of a suspension order should not be extended beyond three months if within this period, the memorandum of charges/charge-sheet is not served on the delinquent officer / employee; if the memorandum of charges/charge sheet is served, a reasoned order must be passed for the extension of suspension. Further, the Principal Secretary to Government also issued Letter No.13519/N/2015-1, dated 23.07.2015, to all Principal Secretaries to Government and all Heads of Departments to follow the directions issued by the Hon'ble Supreme Court of India on the limitations relating to the period of suspension, in letter and spirit."

HC Orders for Payment of Part PF Withdrawal

The Madurai Bench of Madras High Court on 05.12.2019 directed the Tamil Nadu State Transport Corporation, TNSTC, to release a loan as part withdrawal from the petitioner's Provident Fund maintained by the Corporation.
Mr.K.K.Samy represented the case of the petitioner.

HC observes on Unwed Couple Stay in Hotel and Liquor Posession

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The High Court of Judicature at Madras, on 26 Nov 2019, directed a District Collector "to de-seal the petitioner's premises" adding that there were entitlements for persons to hold certain quantity of certain liquors, and that there weren't any "laws or regulations forbearing unmarried persons of opposite sex to occupy hotel rooms, as guests."

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HC Orders TNSTC to Pay Penal Interest for Delayed Payment of Retirement Benefits

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The Madurai Bench of Madras High Court, on 03 Dec 2019, has ordered The Tamil Nadu State Transport Corporation (Kumbakonam) Ltd. "to pay the penal interest at the rate of 6% per annum on the belated payment of the retirement benefits for the period from the date of the retirement till the date of actual disbursement, as expeditiously as possible and in any event, not before the expiry of three months from the date of receipt of a copy of this order."

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HC Orders Police Selection Board (USRB) to Share CCTV Footage

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The Madurai Bench of Madras High Court on 03.12.2019 has passed an Order, observing that it was well within the provisions of RTI for the petitioner to seek "for a view of CCTV footage recorded during the selection process."

The Petitioner is of the view that she has qualified herself in the 200 meters running, liberty is granted to her to file a fresh Writ Petition.

The Petitioner has prayed to "direct the respondents to allow the Petitioner to participate in the Certificate Verification for the post of Grade-II Constable, Grade-II
Jail Wardens and Fireman in the Tamil Nadu Uniformed Services
Recruitment Board, 2019."

The court has granted her to file a fresh Writ Petitioner, if after obtaining such CCTV footage, the Petitioner was of the view of having qualified in the 200 meters running, as contended.

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