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IPR Board begins hearing patent cases

By J. Venkatesan

NEW DELHI, JAN. 19. The Intellectual Property Rights Appellate Board set up with headquarters in Chennai to adjudicate all disputes under the Trade Related Intellectual Property Rights (TRIPS) began a five-day sitting here in the Capital on Monday to hear cases relating to patent law disputes.

Talking to The Hindu, the Chairman of the Board, Justice S. Jagadeesan, said initially about 40 cases would be taken up for hearing in Delhi till January 23.

He said the Board, which started functioning in December 2003, had been posted with around 500 cases arising out of appeals against orders passed by the Registrar of Trade Marks across the country.

Some rectification petitions had also been filed before the Board. In response to the Board's request, the Delhi High Court had transferred about 140 cases relating to Trade Marks and patents and 160 more cases were yet to be transferred.

The Chairman said the Board would deal with matters relating to the Trade Marks Act, 1999, and the Geographical Indications of Goods (Registration & Protection) Act, 1999, aimed essentially at strengthening IPR protection in the respective areas.

He said for the trademarks, the amended Act would provide for 10-year term for registrations as against seven years at present.

It would also introduce concepts of "service marks" and "collective marks" to the Indian system.

Besides, a new genre called "well-known marks" would be created.

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