Key provisions in Trademarks Act are unconstitutional: HC

The Madras high court on Tuesday struck down several key provisions of the Trademarks Act, 1999, which established the Intellectual Property Appellate Board (IPAB), intellectual property expert and petitioner Shamnad Basheer confirmed.

A two-judge bench headed by chief justice Sanjay Kishan Kaul declared the provisions of the Trademarks Act important to the IPAB’s composition unconstitutional.

The high court ruled the provision allowing members of the Indian Legal Services to become judicial members of IPAB was invalid. Further, the tribunal was to be have mainly judges or those who were qualified to be judges, the court said.

Article referred: http://www.livemint.com/Politics/vqmsCh6gKzt1mWcunIzBNK/Key-provisions-in-Trademarks-Act-are-unconstitutional-HC.html

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