Question : INTELLECTUAL PROPERTY APPELLATE BOARD



(a) whether the Government has been providing adequate infrastructure to the Intellectual Property Appellate Board (IPAB) and their members;

(b) if so, the details thereof;

(c) whether the Chairman of IPAB has raised certain concerns over the independence of IPAB;

(d) if so, the reaction of the Government in this regard;

(e) whether the Government plans to shift the responsibility of IPAB to the Ministry of Law and Justice; and

(f) if so, the details thereof and if not, the reasons therefor?

Answer given by the minister


THE MINISTER OF STATE IN THE MINISTRY OF COMMERCE AND INDUSTRY (SHRI JYOTIRADITYA M. SCINDIA)

(a) & (b): The details of the infrastructure and the logistical support provided to Intellectual Property Appellate Board (IPAB) is at Annexure –I

(c): Yes, Madam.

(d): IPAB is a statutory body established with effect from September, 2003 under the Trademarks Act, 1999. Establishment of the Appellate Board including inter alia, the composition of the Appellate Board; qualification for appointment as Chairman, Vice Chairman or other Members and terms of office of Chairman, Vice Chairman and Members are determined by Chapter-XI of the Trademarks Act. The functioning of IPAB is, therefore, independent of the Department of Industrial Policy & Promotion. The role of Department of Industrial Policy & Promotion is restricted to providing financial support by way of budgetary provisions and necessary infrastructural support.

(e) & (f): This Department has not yet received any formal proposal for shifting the responsibility of IPAB to the Ministry of Law & Justice.