SpicyIP Tidbit: Left with no choice- IPAB just standing around

My response to this post by Swaraj may take a little while – one needs to brush up on one’s fundamentals in economics before putting forth a sound argument to counter his fancy graphs 🙂

However, in the meantime, this very interesting piece of news was brought to my attention over the weekend. The Hindu reports that the IPAB- oft reported about on the blog– is having some problems of its own. And has been having them for a while now.

What do the homeless in Delhi and the IPAB have in common?

Lack of Accommodation. And basic facilities such as seating arrangements. And while the Apex Court and the Delhi High Court seems to have come down pretty hard on the Delhi Government and ordered the construction of homeless shelters, the IPAB has had to take matters into its own hands.

It seems that this pathetic situation was only brought to light when the Controller of Patents, Designs and Trademarks declined to allow the IPAB to hold their hearings in one small room of the Registry after April 2010.

Following this, an obviously upset Ms. S. Usha, Vice Chairman of the IPAB shot off a letter to the Secretary, DIPP (Commerce Ministry) stating that the refusal by the Controller, being a ‘lower authority’ in the hierarchy could not be explained. Furthermore, the letter also pointed out that it was a sad state of affairs that a body that handled matters of national importance such as the IPAB, moreover being an Appellate Authority, did not have the basic necessary facilities required for its functioning.

On this point, the report states that Ms. Usha has asked for the DIPP to look into the furnishing and accommodation of the IPAB Benches situated in Mumbai, Kolkata, and Delhi, leaving out the IPAB HQ at Chennai where, I understand through the news report, such provisions have been made.

It is obvious that this is an important concern. With the IPAB looked to for their decisions and having repeatedly come under scrutiny for some of those (one recent example can be seen here), it is a rather pitiable position that the Appellate Board has been expected to perform at maximum output while the facilities provided to these bodies are bare minimum.

Having never been to the IPAB myself, it is rather difficult to comment from a first hand experience, but if all of these concerns raised by the Vice Chairperson are indeed true, one hopes that the DIPP will sit up, take notice and improve the facilities at the earliest.

(Any comparative references made hereinabove with the IPAB and the homeless people are not meant to hurt any sentiments. I apologise if any offense has been taken by our readers.)

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6 thoughts on “SpicyIP Tidbit: Left with no choice- IPAB just standing around”

  1. Having seen the IPAB offices at Chennai [the old Patent office], its a shame.
    Inadequate seating space, no parking space for visitors, place reeking of “baygon” spray…. NOT the best place to show our Appellate Board 🙁

    Regards,
    Freq. Anon.

  2. As per the original plan, the IPAB was to be accomodated in the Chennai IP office. (This space in the 3rd floor of the building is now occupied by Patent and TMR) However, it was objected by one of the senior officials in the DIPP saying that the IP offices and the Appellate authority that reviews the IP offices’ decisions should not function under the same roof. He might have been inspired by the maxim ‘the justice should not only be done but seems to be done’. Initially, for quite some time the IPAB sitting was used to be held in some independent premises. Now, it is not clear if Kurien also is driven by the same maxim coupled with the space crunch that the IP offices are facing.

  3. As far as Delhi office is concerned, concerns of the Vice-Chairman are true. Its so disappointing to see that IPAB operates from one small room in Delhi IPO, while it has adequate space and lush green lawns where patent office people enjoy bright sunlight for hours during winters. I hope to see a positive response from DIPP

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