08 October 2018

IPAB can hear copyright matter in absence of Member Copyright

The Delhi High Court has held that though it may be apposite for the government to appoint Member Technical (Copyright), a vacancy in this regard does not impinges upon jurisdiction of the Intellectual Property Appellate Board (IPAB) constituted under Section 83 of the Trade Marks Act.

Setting aside the Order passed by Registrar IPAB, the Court in its Order dated 27-9-2018 observed that the Copyright Rules, providing for composition of Copyright Board, serve no purpose after amendment by the Finance Act 2017 with effect from 26-5-2017.

It was noted that Copyright Act, itself, does no longer provide for constitution of a Copyright Board.

The court in the case of Radio Next Webcastion v. UOI was of the view that Appellate Board constituted under Section 83 of the Trademarks Act would also have jurisdiction to perform functions under the Copyright Act.

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