Topic: GS-2: Statutory, regulatory and various quasi-judicial bodies.
GS-3: Awareness in the fields of IT, Space, Computers, robotics, Nano-technology, biotechnology and issues relating to intellectual property rights.
3. Examine the major reasons for abolition of Intellectual Property Appellate tribunal. Do you think it was a missed opportunity to develop the home-grown jurisprudence on patent law? (250 words)
Reference: The Hindu
Why the question:
The article is in the backdrop of abolition of the IP Appellate Board.
Key Demand of the question:
Examine the major reasons for abolition of Intellectual Property Appellate tribunal and explain in what way it proved to be a missed opportunity to not develop home-grown jurisprudence on patent laws.
Directive:
Examine – When asked to ‘Examine’, we must look into the topic (content words) in detail, inspect it, investigate it and establish the key facts and issues related to the topic in question. While doing so we should explain why these facts and issues are important and their implications.
Structure of the answer:
Introduction:
Start with some data on Patents and laws related to them in India.
Body:
The answer body must have the following aspects covered:
Explain the major reasons for abolition of Intellectual Property Appellate tribunal.
Since its inception, the institution has been involved in controversies. Even though the IPAB has not been performing its adjudicatory function on the patent side regularly due to administrative reasons, it certainly has been the subject matter of judicial review before the various High Courts. These cases include a challenge to the constitutionality of the IPAB, petitions seeking filling up of vacancies before the High Court in Delhi and Chennai, and even a petition to the Supreme Court for extension of the term of the chairperson. Concerns regarding the judicial and institutional independence of the IPAB.
Explain why it proved to be a missed opportunity and what needs to be done.
Conclusion:
Conclude with way forward.
