NDLI: The International Association for Protection of Intellectual Property (india Group) Vs. Union of India

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Trademarks Act 1999
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0
Case Type	Miscellaneous Application
Court	Supreme Court of India
Disposal Nature	Application Dismissed
Headnote	Trademarks Act, 1999 – s.89A – Finance Act, 2017 – s.184 – Continuation of the incumbent Chairperson – Application for – Applicant sought directions for continuation of the incumbent Chairperson of the Intellectual Property Appellate Board (IPAB), till a new Chairperson is appointed – It was urged that s.89A inserted in the TM Act stipulates that after the commencement of the Finance Act, 2017, the term of office of appointments to the board would be governed by the provisions of s.184 – In terms of s.184 of the 2017 Act, the outer limit prescribed the age limit of the Chairperson of the board as 70 years – Applicant also relied on s. 84(2) of the TM Act and urged that there could be no bench without a judicial member – Held: On 26.07.2017, the present incumbent was given the additional charge of the Chairman in the IPAB, i.e. the Board, in terms of the then 2017 Rules, for a period of three years – However, it was later amended for a period upto 21.09.2019 by the Central Government – The Judgment in Roger Mathew was delivered on 13.11.2019 and it quashed the 2017 Rules – In terms of the interim arrangement directed by the majority judgment in Rojer Mathew, the appointments to Tribunals/Appellate Tribunals were to be “in terms of the respective statutes before the enactment of the Finance Bill, 2017..”, the amendments brought about through s.184, in terms of the maximum age up to which any Member or Chairperson can hold office in a Tribunal could not apply in the case of the Board – The 2017 Rules had fixed the tenure limits of Chairpersons and members – In terms of those Rules of 2017 the tenure of the present incumbent ended on 21.09.2019 – As the rules were later struck down only on 13.11.2019 – At that time the prevailing interim orders and clarifications in Kudrat Sandhu stated that the maximum tenure of such members or chairpersons would be as stipulated in the parent enactments, before the coming into force of the Finance Act, 2017, or were expressed to be for a maximum of 3 years, in the case of Chairpersons – The period had ended, so far as the applicant is concerned, on 21.09.2019 – As far as submission that there could be no bench without the judicial member is concerned, the s.85 of the TM Act reveal that there is no bar for technical member to be appointed as a regular Chairperson, provided she or he has for “at least two years, held the office of a Vice-Chairperson” – In the instant case, the incumbent five technical members all hold legal qualifications – These members has practical legal experience of ten to fifteen years – Therefore, the argument that the technical members, in their position at the board as of now, cannot function without a Chairperson, is unsustainable.
Judge	Hon'ble Mr. Justice S. Ravindra Bhat
Neutral Citation	2021 INSC 83
Petitioner	The International Association For Protection Of Intellectual Property (india Group)
Respondent	Union Of India
SCR	[2021] 1 S.C.R. 799
Judgement Date	2021-02-12
Case Number	2219

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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