Skip to main content

Trademarks Act apex court dismisses govt appeal

By
The Supreme Court on Monday dismissed the government’s appeal against a March verdict by the Madras high court that declared several key provisions in the Trademarks Act as unconstitutional.
A bench comprising justices Ranjan Gogoi and N.V. Ramana dismissed the special leave petition filed by the government, giving finality to the earlier high court judgement.
Ruling on a public interest litigation filed by Shamnad Basheer, founder of the SpicyIP (intellectual property) blog, the high court struck down several key provisions of the Trademarks Act, 1999, which established the Intellectual Property Appellate Board (IPAB).
The Madras high court ruling struck down provisions on the appointment of judicial and technical members of IPAB. Under the court’s ruling, a very small pool of government officials would now be eligible for appointment as technical members to adjudicate on trademark matters, giving primacy to the legal nature of the tribunal.
Questioning the relevance of IPAB in effectively deciding matters, Basheer said a number of IPAB rulings do not necessarily reflect outstanding IP expertise or competence.
“The high courts often do a far better job when these cases go in appeal. The two major reasons for creating a tribunal such as the IPAB was to bring in specialist expertise and reduce pendency at the high courts, which will have to be relooked now,” he said when.
Saikrishna Rajagopal, mananging director of Saikrishna and Associates, said an amendment in the Trademarks Act is the way forward. “The government must now look at policy change in the matter that will pass the test of consitutionality,” he said.
IPAB did not reply to an email from Mint seeking response.
HT Mint, New Delhi, 28th July 2015

Comments

Post a Comment

Popular posts from this blog

Credit card spending growth declines on RBI gaze, stress build-up

By
  Credit card spends have further slowed down to 16.6 per cent in the current financial year (FY25), following the Reserve Bank of India’s tightening of unsecured lending norms and rising delinquencies, and increased stress in the portfolio.Typically, during the festival season (September–December), credit card spends peak as several credit card-issuing banks offer discounts and cashbacks on e-commerce and other platforms. This is a reversal of trend in the past three financial years stretching to FY21 due to RBI’s restrictions.In the previous financial year (FY24), credit card spends rose by 27.8 per cent, but were low compared to FY23 which surged by 47.5 per cent. In FY22, the spending increased 54.1 per cent, according to data compiled by Macquarie Research.ICICI Bank recorded 4.4 per cent gross credit losses in its FY24 credit card portfolio as against 3.2 per cent year-on-year. SBI Cards’ credit losses in the segment stood at 7.4 per cent in FY24 and 6.2 per cent in FY23, the...
Post a Comment
Read more

SFBs should be vigilant, proactive to mitigate risks: RBI deputy guv

By
  The Reserve Bank of India’s Deputy Governor Swaminathan J on Friday instructed the directors of small finance banks (SFBs) to be vigilant and proactive in identifying emerging risks in the sector.Speaking at a conference for directors on the boards of SFBs, Swaminathan highlighted the role of governance in guiding SFBs towards sustainable growth with stability. He also emphasised the importance of sustainable business models.Additionally, he highlighted the need for strengthening cybersecurity to protect the entities against digital threats and urged for a stronger focus on financial inclusion, customer service, and grievance redressal to ensure a broader reach of banking services.Executive Directors S C Murmu, Rohit Jain, and R L K Rao, along with other senior officials representing the Supervision, Regulation, and Enforcement Departments of the RBI, also participated in the conference.   -  Business Standard  30 th  September, 2024
Post a Comment
Read more

Brigade Hotel Ventures files draft papers with Sebi for Rs 900 crore IPO

By
  Brigade Hotel Ventures Ltd, owner and developer of hotels in South India, has filed draft papers with capital markets regulator Sebi to raise Rs 900 crore through an initial public offering (IPO).The proposed IPO is entirely a fresh issue of equity shares with no Offer-for-Sale (OFS) component, according to the draft red herring prospectus (DRHP).Proceeds from the issue to the tune of Rs 481 crore will go towards payment of debt, Rs 412 crore will be allocated to the company and Rs 69 crore to its material subsidiary, SRP Prosperita Hotel Ventures Ltd.Additionally, Rs 107.52 crore will be used to purchase an undivided share of land from the Promoter, BEL, and the remaining funds will support acquisitions, other strategic initiatives, and general corporate purposes.The company may raise up to Rs 180 crore through a Pre-IPO Placement.   If the placement is undertaken, the issue size will be reduced.Brigade Hotel Ventures Ltd is a wholly-owned subsidiary of Brigade Enterprises ...
Post a Comment
Read more