The Intellectual Property Appellate Board (IPAB) has ruled that the patent and trademark appeal tribunal has the powers to review its own orders as well as grant interim orders, subject to guidelines and conditions. Recently, two larger benches of the IPAB were constituted to decide two issues: one relating to powers to review its own orders and the other relating to the power to grant interim orders pending or final application. The IPAB had sought the views of members of the Bar and other expert counsels on the issues, in the wake of a slew of questions raised by litigants on the tribunal powers, during the course of hearing in a number of cases.
Giving the ruling on the issues in two separate cases, the IPAB bench consisting of justice Prabha Sridevan, chairman, Usha, vice-chairman and other technical members, said: ” In both the cases, we are answering in affirmative. We express our appreciation of all the counsel, who made their submission for and against the proposition. We had constituted the larger benches only because there were different views in the various decisions of the board itself and in law there should be certainty. ”
The IPAB on the issue of powers to review its own orders, said that once it held that there is a power of review, it cannot limit it to errors of procedure alone but to include substantive review.