SpicyIP Tidbit: Press Release on Appeals from IPAB and IP Offices

In a press release by the Ministry of Commerce and Industry, it was clarified that any order of the Intellectual Property Appellate Board (IPAB) and any decision of intellectual property offices (such as the Controller General of Patents, Designs and Trademarks) can be challenged before High Courts by way of a writ petition under Article 226 of the Constitution and before the Supreme Court by way of Special Leave Petition under Article 136 of the Constitution.

This press release is merely an iteration of the existing position on this issue, which was earlier considered to be governed by the dictum of the Supreme Court in L Chandra Kumar v. Union of India. In this judgment, the Supreme Court noted that while the legislatures can take away the jurisdiction of any court, they cannot seek to replace the High Court and Supreme Court jurisdictions, under Article 226 and Article 32/ 136 respectively.

The press release also notes that no amendments are under consideration to alter this position of law.

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