There is a daunting task ahead for the new Intellectual Property Appellate Board chairman Justice KN Basha who takes the helm at a time when an increasing number of global companies, especially from the pharma sector, are engaged in a battle over patents. The biggest task for Justice Basha, who succeeded Justice Prabha Sridevan last week, will be to strengthen IPAB?s infrastructure support. Even as the tribunal is disposing of litigations, with some of them having global ramifications, it faces poor infrastructure and inadequate human resources.
In its annual report for 2012-13, the IPAB said, ?The previous annual report released on the completion of nine years of IPAB in 2012 ended with a lot of optimism with regard to the ambitious projected performance of the board. The optimism shown in the annual report certainly gave impetus to the determination of the board to maintain its performance against all odds ranging from inadequate human resources, stifling working area and insufficient fund allocation.?
There were more disposals than ever before during 2012-13. A total of 362 cases were decided by the board ? 310 trademark and 52 patent matters ? making it the most productive year for the board. The filing has also been steadily growing both in the original and appellate jurisdiction. The circuit sittings have been conducted in all the designated places periodically.
IPAB was constituted to hear the applications and appeals against the decisions of the registrar/controller under the Trade Marks Act, 1999, the Patents Act, 2003, and the Geographical Indications of Goods (Registration and Protection) Act, 1999. Apart from the chairman, IPAB staff include vice-chairman S Usha, tehnical member (patents) DPS Parmar and technical member (trademarks) V Ravi.
Despite the complete utilisation of human resources, the progress of the board is likely to decelerate due to staff shortage. Another problem faced by the board is the lack of infrastructure. Owing to paucity of funds, IPAB had to reduce its circuit sittings in last quarter of FY13. For this fiscal too, there has been no improvement in fund allocation.