IPAB’S Non Provision to appeal to Supreme Court

The applicants of all Intellectual Property Rights (IPRs) can directly file a Special Leave Petition (SLP) before the Hon’ble Supreme Court against any order of Intellectual Property Appellate Board (IPAB). They can also prefer a writ petition before the High Court against orders of IPAB and IP offices by invoking Article 226 of the Constitution of India and then file SLP before the Supreme Court.

Ministry of Law & Justice only vets the amendments proposed by the concerned Ministry or Department. As provisions for filing SLP directly against orders of IPAB and also against writ petitions disposed of by High Court with respect to orders of IPAB and IP offices are in place and there is no proposal under consideration for such amendment by Department for Promotion of Industry and Internal Trade (DPIIT).

This information was given by the Minister of Commerce and Industry, Piyush Goyal, in a written reply in the Rajya Sabha today.

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