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Intellectual Property Appellate Board & Other Appellate Authorities Abolished By Way Of Tribunal Reforms (Rationalisation And Conditions Of Service) Ordinance, 2021

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The Central Government on Sunday abolished the Appellate Authorities in 9 Laws including Intellectual Property Appellate Board (IPAB) by way of an Ordinance, namely the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021 published on April 4, 2021.

The ordinance seeks to dissolve certain existing appellate bodies and transfer their functions to other existing judicial bodies. The nine laws where the Appellate Authorities are being abolished away with are: Cinematograph Act; Copyright Act; Customs Act; Patents Act; Airports Authority of India Act; Trade Marks Act ; Geographical Indications of Goods (registration and protection) Act ; Protection of Plant Varieties and Farmers Rights Act and Control of National Highways (land and traffic) Act .

As per the provisions of the Ordinance, All appeals against the decisions of the Registrar of Trademarks, the Registrar of Geographical Indications and the Controller of Patents would now be filed before the concerned High Courts and appeals against the decision of the Registrar of Copyright before the concerned Commercial Courts including the Commercial Division of the High Courts.

The appeals pending before the IPAB, as on April 4, 2021 would also be transferred to the respective High Courts whereas the appeals filed under the Copyright Act, 1957 would be transferred to the respective Commercial Courts.

Intellectual Property Appellate Board (IPAB) was established in 2003 under Trade Marks Act, 1999 and was exercising original and appellate jurisdiction under the provisions of the Patents Act, 1970, the Copyright Act, 1957.

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