INTERIM ORDERS Provisions:  Section 95 of the Trade Marks Act, 1999 deals with conditions as to making of interim orders, and it reads as follows:“Notwithstanding anything contained in any other provisions of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or any other manner) shall be made on, or in any proceedings relating to, an appeal unless: […]”  Section 92 (2), TM Act, 1999 : ” (2) The Appellate Board shall have, for the purpose of discharging its functions […]

The IPAB recently decided two important issues – whether it has the power to grant interim reliefs at the application stage and whether it has the power to review its own orders. The Board held that it has both the power to grant interim reliefs as well as the power to review. Both these matters were heard and passed as two separate orders here and here. The members of the Bar acted as intervenors and amici curiae. And as the IPAB put it, they were really ‘friends of the court’. The IPAB also stated that in order to bring uniformity and