News: IPAB Circuit Bench gets more proactive
IPAB Circuit benches get enabled to hear patent matters
A transferred appeal from Calcutta High Court in a patent revocation filed by Vikram India against our clients Kilburn was posted before Intellectual Property Appellate Board. The IPAB has fixed hearing at Principal Bench, Chennai. The impugned patent is registered with jurisdiction of Mumbai. Therefore, we filed on behalf of our client Kilburn Engineering have moved a Miscellaneous Petition before the Board to fix the hearing at Mumbai.
IPAB by an Order dated 14th November 2008 has decided that Mumbai Circuit Bench would hear the patent revocation petition as has been established practice in trademark matters. Perplexing issue of dealing all patent related matter only at Chennai Bench has now been resolved by this landmark order. Unlike trademarks, all the patent related matters are being heard only at Chennai bench. Petitioner through their counsel Mr. A.A. Mohan argued the miscellaneous petition stating the inherent discrepancy of this practice in contrast with the general CPC provisions and practices followed in other quasi-judicial and other bodies. Extensive reference was made to Benches appointed by various High Courts apart from principal originally established Bench such Madurai Bench of Madras High Court and also Tribunals such as Company Law Board hearing separate Bench in each region. This is trend setting order in the field of Patent appeals and revocation petitions.