The hue and cry for abolition of IPAB The recent promulgation of The Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 has brought an end to the Intellectual Property Appellate Board. The Ordinance amends most of the Intellectual Property Laws that included Trademarks Act, Patents Act, Copyright Act, Geographical Indication Act and Protection of Plant Varieties and Farmers Rights Act as well as other Acts such as Finance Act, Customs Act, Cinematograph Act etc. In total there are ten such Acts that are included in which the concerned Appellate Tribunals are abolished. As of now the High Court and Commercial courts are the appellate body as prescribed under the Ordinance. Therefore there arises a need to know the role of the Commercial Courts which at present looks after the matters pertaining to Intellectual Property Rights. Section 3 of The Commercial Courts Act, 2015 refers about the constitution of the Commercial Courts. The state government after con
Trademark Infringement Penalties in India - Part 1 Introduction A mark used in the course of trade is known as Trademark. Trademark is nothing but a sign or a mark serving some purpose for its owner. The Trademarks Act, 1999 defines mark under Sec.2(1) (m)) which includes a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof. The paramount function of a trademark is to differentiate or distinguish goods or services. It is used to distinguish goods or services of one trader from those of others. Trademark means a mark capable of being represented graphically and which is capable of distinguishing the good or services of one person from those of others and may include shape of goods, their packaging and combination of colours and the same is defined under Sec. 2 ((1) (zb)). Trademarks identify the source of goods, while service marks identify the source of services. The Trademark