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.
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.
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