Select Country

Select a country to view information on local trademark law


Countries
A-E  F-J  K-O  P-T  U-Z

Multinational Agreements
EUIPO  WIPO
AIPO/OAPI  ARIPO
Enter Client Voucher:   Info
SEARCH
TRADEMARKS
FOR FREE
+
+
TMZOOM

Get Listed

Promote your expertise to IP professionals worldwide.
read more

Show Articles

Subscribe to Free Newsletter

To keep updated on the latest amendments to international trademark laws click here

Amendments to Trademark Laws

Print this page
Apr 22, 2021 (Newsletter Issue 8/21)
India
Show Country Survey

IP Appellate Board Abolished


On April 4, 2021, the Ministry of Law and Justice has issued an Ordinance, namely The Tribunals Reforms (Rationalization and Conditions of Service) Ordinance 2021 (Ordinance) to further amend the Trademarks Act (1999), the Copyrights Act (1957), the Geographical Indication of Goods (Registration and Protection) Act (1999) and the Patents Act (1970) as well as the Protection of Plant Varieties and Farmers Rights’ Act (2001). The Ordinance came into effect from April 4, 2021.

Some of the important changes to the Trademarks Act (1999) are the following:

- All references to the Intellectual Property Appellate Board (IPAB) in the Act has been omitted. Therefore, the IPAB ceases to have any jurisdiction, power or authority under the Act.
- Any proceedings for cancellation of a mark on the ground of non-use under Section 47 of the Act shall now lie at the Registrar or the High Court only.
- Any proceedings for rectification of a mark under Section 57 of the Act shall now lie at the Registrar or the High Court only.
- All appeals under Section 91 of the Act shall lie at the High Court instead of at the IPAB.
- An action for infringement of trademark shall be stayed under Section 124 of the Act if a defendant pleads invalidity of the mark or raises a defense under Section 30(2)(e) of the Act and the plaintiff pleads invalidity of the defendant’s mark, if rectification proceedings are pending before the Registrar or the High Court in respect of such mark, prior to institution of action for infringement.
- All proceedings pending before the IPAB shall be transferred to the High Court.

For further information, please check here and here

Source: Krishna & Saurastri Associates LLP and S. S. Rana & Co.