Thursday, 17 October 2013


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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