Constitutionality of Intellectual Property Appellate Board

A public interest litigation (PIL) was filed before the Hon’ble Madras High Court (W.P.1256/2011) arguing that the structure of the Intellectual Property Appellate Board (IPAB) was unconstitutional, in view of the fact that the Executive had predominant control over appointments etc. The court agreed with our petition and immediately ordered the government to make all appointments in accordance with the law of the land, and to ensure that the judiciary had pre-eminence in all appointments to the tribunal (see here and here also). Although the Union of India appealed this decision (SLP (C) 18142/2015), the same was dismissed, lending finality to the order of the Hon’ble Madras High Court.