Date:15/03/2004 URL: http://www.thehindu.com/2004/03/15/stories/2004031502991500.htm

National

Work at IPR Board in Chennai disrupted

By J. Venkatesan

NEW DELHI, MARCH 14. The work at the Intellectual Property Rights Appellate Board, set up with headquarters in Chennai to adjudicate all disputes under the Trade Related Intellectual Property Rights (TRIPS), has come to a standstill from February 1, with the resignation of the Technical Member, T.R. Subramanian.

The Board with a retired Judge of the Madras High Court, S. Jagadeesan, as its Chairman, Raghbir Singh, former Secretary, National Commission to Review the Working of the Constitution, as Vice-Chairman, and Mr. Subramanian, former Joint Registrar of Trademarks as Technical Member started functioning only in the first week of December. Mr. Subramanian has put in his papers but since his resignation was not accepted, he has gone on long leave.

Talking to The Hindu, Justice Jagadeesan, who has come to Delhi, said in the 25 sittings it had, the Board had taken up for hearing around 500 cases arising out of appeals against the orders passed by the Registrar of Trade Marks across the country. Some rectification petitions had also been filed before the Board. While the High Courts of Madras, Bombay and Delhi had transferred the cases, Calcutta and Gujarat High Courts were yet to respond.

Asked why the work in the Board had come to a standstill, he said that after the resignation of Mr. Subramanian, no new Technical Member had been appointed. As per the requirement, the Chairman and the Vice-Chairman shall sit with a Technical Member for adjudicating the cases. But only one Member was appointed and with his resignation no work could be carried out from February 1. Even ordinary cases where the expertise of the Technical Member was not necessary could not be taken up.

He said the Government should amend the law by issuing a notification that in the absence of a Member, the Chairman and Vice-Chairman could form a Bench and take up cases. He also wanted the Board to be vested with jurisdiction to decide patent cases also since all international agreements would come into force from January 1, 2005.

He said the Board would deal with matters relating to the Trade Marks Act 1999 and the Geographical Indications of Goods (Registration & Protection) Act 1999 essentially aimed at strengthening the IPR protection in the respective areas.

He said for the Trademarks, the amended Act would provide for a 10-year term for trademark registrations as against seven years at present. It would also introduce concepts of "service marks" and "collective marks" to the Indian system. Besides, a new genre called "well-known marks" would be created.