In Brief
The International Association for Protection of Intellectual Property sought extension of the incumbent Chairperson of the Intellectual Property Appellate Board's tenure beyond the statutory age limit of 65 years. The applicant argued that the Finance Act 2017 Section 184 extended the age limit to 70 years and that all tribunal members could not function without a judicial Chairperson. The Court dismissed the application, holding that the incumbent's tenure had expired on 21 September 2019 under the then-applicable rules, before those rules were struck down. The Court also found that technical members are legally qualified and can serve as Chairperson under Section 85 of the Trademarks Act, making the absence of a judicial member immaterial.
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