Intellectual Property Appellate Board (IPAB)
Prashant Reddy reviews the major decisions of Justice Manmohan Singh of the Delhi high court (mostly) in the field of IP law, in the first of a series of posts that will mull on what criteria should be considered in appointing persons to the position of chairperson of the Intellectual Property Appellate Board (IPAB).
Read more on Spicy IP.
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.
SC Singhvi retires, leaves legacy
The Supreme Court’s justice GS Singhvi, most famous for his stern treatment of the 2G and the land acquisition cases, retired today just after overturned the progressive Delhi HC judgment that had decriminalised homosexuality [The Hindu]
Madras HC advocates for Ganguly
Madras HC advocates yesterday took out a rally in support of sexual harassment accused former Supreme Court judge AK Ganguly, asserting that he was being targeted because of his stern dealing of sensational cases [TOI]
CCI’s giant Coal India fine
Coal India is facing Rs 17.7 billion ($290m) Competition Commission of India fine for abusing its dominant position and imposing unfair conditions in fuel supply agreements with customers [Reuters]
E&Y legal to launch Singapore with HSF partner
“Former Herbert Smith Freehills’ Singapore partner John Dick has joined Ernst & Young Singapore as a partner as the “big four” accounting firm mulls legal services launch,” reported [The Lawyer]
PIL reveals crippled IPAB
A PIL in the Madras HC has brought attention to the “crippled” state of the Intellectual Property Appellate Board due to insufficient funds to have permanent premises for its principle and circuit benches [TOI]
Maha-NLS dream remains distant
Maharashtra CM Prithviraj Chavan “dodged” the Times’ query regarding schedule of setting up of Nagpur NLS, even though its proposal was earlier promised to be tabled in the winter session of the state legislative assembly. The paper now writes it could be a distant dream [TOI]
A permanent office for the 11 year old IPAB (Intellectual Property Appellate Board) is now finally in the works in Kovalam, near Chennai, as the state has also invited applications to fill up its vacancies – after pressure from advocates pointing out its mounting workload [Business Standard]
Judges should introspect to keep fit, principles reduce rape in India: Karnataka HC judge AS Pachhapure said “for hours together the judges sit and also be at home, hence it is always better to have proper excise [sic], meditation and spirituality to keep themselves fit”. The HC’s judge L Narayanaswamy said that India has less than 25 per cent the number of America’s rape cases, despite a bigger population “because of our principles” [TOI]
Bench-bar tiffs shouldn’t amount to contempt of court, said UP advocate general Vinay Kumar Mishra in his felicitation address, adding that the bar and the bench are complementary to each other [TOI]
Corporate HR heads are working overtime to sensitise male employees about what is borderline behaviour causing discomfort to women colleagues and may cause the men to end up “unfairly maligned” [TOI]
‘False promise rape’ complaints on the rise: Touching and tragic portrait of family opposed to love marriage, unwanted pregnancy and a rape complaint resulting in marriage [WSJ] as part of a bigger examination of the rape complaints made by women hoping to avoid single parenthood under the ‘broken promise to marry’ doctrine [WSJ]
Nalsar reservations to split between AP / Telangana: Nalsar Hyderabad’s 16 reserved seats, out of a total of 68 LLB seats per batch, will be distributed equally between Andhra Pradesh and Telangana domiciled students post bifurcation of the state [Deccan Chronicle]
TN Lok Adalat settles Rs 1,000 crore: In Tamil Nadu’s Lok Adalat, part of the recent massive National Lok Adalat, more than 13 lakh cases were resolved and Rs 1,041 crores settled [PTI]
Delhi gang rape parents ask SC to try juvenile: The parents of the December 2012 Delhi rape victim have asked the Supreme Court for the 17-year-old accused’s fresh trial in an ordinary criminal court, challenging proceedings against him before the Juvenile Justice Board [TOI]
Madurai judges lost case documents and now have to show cause to the Madras high court. The judges include Madurai’s principal district judge and a few other judicial officers [TOI]
Pick and choose, said the Madras high court while lambasting the state government for contesting all and sundry cases that come to it instead of choosing the deserving ones [Zee News]
NUJS Kolkata professor Shamnad Basheer and a music company filed two public interest litigations (PILs) in the Madras High Court to mend gross “infirmities” and arbitrary “tribunalisation” in the constitution and functionality of the Intellectual Property Appellate Board (IPAB) and the Copyright Board.