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IPAB struck down as unconstitutional by Madras HC

The Madras high court ruled that the Intellectual Property Appellate Board (IPAB) is unconstitutional, reported SpicyIP.

The high court held that the provisions creating the tribunal are unconstitutional where they allow bureaucrats to be elected as judicial members to it even to the extent of becoming its chairman or vice chairman.

The court also ruled that any committee electing members to IPAB must also be constituted of members with judicial qualifications.

The ruling was made on a writ petition by Spicy IP founder Shamnad Basheer.

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