Skip to content

CS Professional · Intellectual Property Rights - Law and Practice · Introduction to Intellectual Property

Kaveri Spices Ltd of Chennai has a dispute over a refusal by the Registrar of Trade Marks to register its mark. It wants to know the present forum for appealing such a decision. Which is the correct position under the current Indian framework?

Kaveri Spices should appeal to the jurisdictional High Court. The Intellectual Property Appellate Board was abolished in 2021 under the Tribunals Reforms Act, and its appellate work moved to High Courts. The Supreme Court and NCLAT are not the first forum for trade mark registration appeals.

  1. AAppeal lies to the jurisdictional High Court, as the Intellectual Property Appellate Board was abolished in 2021Correct
  2. BAppeal lies to the Intellectual Property Appellate Board, which still functions
  3. CAppeal lies directly to the Supreme Court
  4. DAppeal lies to the National Company Law Appellate Tribunal

Explanation

The Tribunals Reforms Act, 2021 abolished the Intellectual Property Appellate Board and its functions moved to High Courts, so appeals from Registrar decisions go to the High Court. The Supreme Court is not the first appellate forum, and NCLAT deals with company law matters. Hence the IPAB option is outdated.

Did you get it right without looking?

One question tells you little. A timed set on Introduction to Intellectual Property shows your real accuracy, how long you take and where you lose marks.

Practise Introduction to Intellectual PropertyFree diagnostic mock

More Introduction to Intellectual Property questions