Abolition of Intellectual Property Appellate Board – UPSC GS3

The Intellectual Property Appellate Board (IPAB) was established in 2003.

It aimed to specifically deal with matters of intellectual property including copyright, trademarks, patents, and geographical indications.

Further, since 2007 Novartis’ patent case, the IPAB has been authorized to hear and decide upon the appeals made by the Patent Controller under the Patents Act. Therefore, all pending appeals of Indian High Courts under the Patents Act transferred to IPAB.

However, the IPAB stands abolished after the passage of Tribunal reforms (Rationalisation and condition service) ordinance 2021.

India has been a good example for the world with regard to legislating TRIPS compliant Patent laws. For example, anti-evergreening provisions, compulsory licensing regime.

However, by the abolition of IPAB, India has the missed opportunity to develop an effective indigenous appellate mechanism on patent law.

Administrative Reasons: IPAB was not able to perform its adjudicatory functions due to administrative reasons. Many issues were pending in the court for resolution. For example,

Understaffing: For example, it was functioning without a chairperson for almost two years. Also, there were subsequent delays in the appointment of the technical member for patents.

Lack of independence: Lack of judicial and institutional independence of the IPAB was raised by previous chairpersons publicly.

Lack of Power: For example, the highest authority on protecting technology and innovation working had to function during power cuts without any viable backup.

Lack of efficiency: For example, the disposal rate was about 20 patent cases a year. Further, nearly 70% of the patent cases filed were either pending at some stage.

Apathy of the government: For example, most of the significant amendments to the Patents Act since 1970 came through, not by way of an Act passed by Parliament, but through an ordinance.