High Court
under the 1958 Act or by the IPAB under the
1999 Act on the one hand and the Civil
Court adjudicating the infringement ... party setting up the plea of
invalidity to apply to the IPAB under
Sections 47 and 57 of the 1999 Act for
rectification. The High
orders of the Assistant
Controller were transferred from the High Court to IPAB by order dated
April 4, 2007, where these cases were registered ... passed by the Assistant
Controller were finally heard and dismissed by the IPAB by a long and
detailed judgment dated June
Order tramples upon the statutory power of
the Intellectual Property Appellate Board (IPAB), to which an
Appeal against a registration under the Trade Marks ... invalidity of
such a registration is the preserve of the IPAB. The first sub-
section of Section 124 directs that where there is a plea
Pharmaceuticals Ltd. v. United
Bio-tech P. Ltd. 2008 ( 38) PTC 691 (IPAB), Wyeth Holdings
Corporation v. Burnet Pharmaceuticals ... Cadila Pharmaceuticals Ltd. 2008 (37) PTC 637
(IPAB), USV Ltd. v. IPC A Lab. Ltd. 2003 (26) PTC 21 (Mad), Corn
appellant, the respondent approached
the Intellectual Property Appellate Board (for short, ‘IPAB’),
Chennai by filing appeal with the prayer that the registration given ... appellant
be cancelled. These appeals of the respondent were allowed by
the IPAB vide common order dated 4 th October, 2011 and the writ
petitions
that exclusive jurisdiction is
conferred on the Registrar/ Intellectual Property Appellate Board
(IPAB) to decide the question of validity of the registration of a
registered ... decided only by the
Registrar or the IPAB who alone have the jurisdiction to do so. If the
jurisdiction of the Court is completely ousted
initiated by the plaintiff before the
Intellectual Property Appellate Board (hereafter "IPAB") - if the procedure
outlined therein is not followed. The other view ... that such proceedings (for
rectification before the IPAB) can be initiated without the permission of the
court trying the infringement suit and the consequence
Page 1 of 40
the Intellectual Property Appellate Board („IPAB‟ for brevity)
vide decision dated 14.10.2008. The IPAB allowed the
rectification application with direction ... register. The appellant field Writ Petition
challenging the said order of the IPAB which has been
dismissed by the learned Single Judge vide orders dated
Plaintiff‟s marks was
appealed in the Intellectual Property Appellate Board (hereinafter „IPAB‟)
and the IPAB vide order dated 18th October, 2018 has upheld ... Thus, as on date, the Plaintiff‟s registrations are confirmed by the
IPAB. The marks are identical and so are the businesses/class of goods
Patents Act to provide for appeals to
the Intellectual Property Appellate Board (IPAB) in terms of the newly
inserted Section 117 A instead of appeals ... amendment in 2005, while Section 117A provides an appeal to the IPAB
against an order under Section 25 (4) , it does not expressly provide
