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Supreme Court of India 2021-02-12 dismissed

International Association For Protection of Intellectual Property (India Group) vs Union of India

Bench: 3 — S. Ravindra Bhat

In Brief

The International Association for Protection of Intellectual Property sought extension of the incumbent Chairperson of the Intellectual Property Appellate Board (IPAB) beyond his original appointment term, arguing that recent Supreme Court decisions in Rojer Mathew and Madras Bar Association required such extension. The Court dismissed the application, holding that the chairperson's tenure expired on 21 September 2019, before the Rojer Mathew judgment that struck down the 2017 Rules. The Court further held that technically qualified members with legal training could serve as chairperson, and that the Board need not have a judicial member on every bench, rendering the applicant's functional necessity argument unsustainable.

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