FELICITATION TO IPAB CHAIRMAN
Justice K.N.Basha has assumed the
charge as Chairman, Intellectual Property Appellate Board , Chennai on the
forenoon of 28th August, 2013.His Lordship was attached to the law firm of the
Senior Advocate, N.T.Vanamamalai and later, took over the office of Justice
R.Balasubramanian, on his elevation to the Bench of Madras High Court. He was
designated as Senior Advocate with effect from 9.2.2005 and elevated as the
Judge of Madras High Court on 10.12.2005, retiringfrom the service on attaining
the age of superannuation with effect from 13.5.2013.
Justice K.N.Bashatakes over from Justice
PrabhaSridevan who demitted office at the end of a 27 month tenure. After she
retired as a Judge of Madras High Court, she was appointed IPAB Chairman in
May, 2011. During tenure, Justice PrabhaSridevan delivered landmark judgments
that have set the course for responsible IP practice in India while ensuring
her a place in the list of the "50 most influential people in the IP
world" by Managing IP magazine.Justice PrabhaSridevan has been lobbying
tirelessly for resources and infrastructure for the IPAB.
At a felicitation
programmeorganised jointly by the IP Association of South India (IPASI) and the
IP R Bar Association, today at Chennai, members of the IP bar expressed their
gratitude and appreciation to justice PrabhaSridevan, noting that she had been
instrumental in bringing prestige and energy to the IPAB.
In her response to the
appreciative words of the secretary of IPASI, Mr MS Bharath, Justice
PrabhaSridevan thanked the IP bar for being responsible in the choice of
indications and urged continued and enthusiastic action and lobbying on their
part for better resources and infrastructure for the IPAB. In her advice to the
bar, she encouraged lawyers to have shorter and more focused pleadings and
written arguments that would help the tribunal to render better judgements. She
also encouraged the bar to start thinking of the IPAB as a quasi-judicial body,
and indeed treated as the judicial forum it was intended to be.
Intellectual Property Appellate
Board (IPAB) was constituted by the Union Government in the Ministry of
Commerce and Industry on 15 September 2003 to hear appeals against the
decisions of the Registrar under the Trade Marks Act, 1999 and the Geographical
Indications of Goods (Registration and Protection) Act, 1999.Subsequently, the
provisions of the Patent Amendment Act, 2002 and the Patents Amendment Act,
2005, relating to the IPAB were also brought into force, pursuant to which all
the appeals pending before the various High Courts stand transferred to the
IPAB.
Justice KN Basha was introduced
by advocate Rajashekhar of the IPR Bar Association, who took pains to establish
that the new chairman of the IPAB was a proficient and sensitive practitioner
of both criminal and civil law, and had during his tenure as High Court judge,
rendered several landmark judgements in both domains.
In his response, Justice Basha
began by pointing out the abysmal lack of resources at the IPAB, and the
difficult situation in which the excellent staff of the IPAB were functioning.
He pointed out that the term IPAB was inappropriate, as the body was more a
tribunal than board and said it would be more fitting to call it the
Intellectual Property Appellate Tribunal. He expressed happiness at the promise
of better and larger premises for the IPAB at Kelambakkam. He also thanked and
appreciated his illustrious predecessor and appreciated the orders passed by
her. Justice Basha ended by exhorting the bar to be responsible and
"collaborate with the IPAB, so that the chariot of Justice could move
smoothly".
Senior advocates of the IP bar
also felicitated the judges.
The general feeling in the bar is
the Justice Basha will have big shoes to fill, and that he will do so with ease
and confidence.
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