Dr Vivek Kumar & Ors. vs Union Of India And Ors. on 18 June, 2021
The said doctrine was also invoked by this Court in Mylan Laboratories
Limited Vs. Union of India & Ors. 2019 SCC OnLine Del 9070; (2019) 263
DLT 748, where the court directed that even if the post of technical member
of the Intellectual Property Appellate Board (IPAB) is lying vacant, the
IPAB can still hear urgent matters and pass orders, even though Section 84
(2) of the Trademarks Act, 1999 provides that an IPAB Bench shall
comprise of one judicial member and one technical member. It was noted
that the Trademarks Act was silent on the procedure to be followed and
adopted when there is a vacancy of a technical member or a technical
member is present but cannot participate.