Thursday, January 27, 2011

Constitutional Challenge to IPAB and Copyright Board

Spicy IP reports that two writ petitions have been admitted by the Madras High Court challenging the constitutionality of the Intellectual Property Appellate Board (IPAB) [Shamnad Basheer v. Union of India] and the Copyright Board [SIMCA v. Union of India]. The challenge is based on separation of powers grounds; and if one were to apply the principles laid down by the Supreme Court in the NCLT case [R. Gandhi v. Union of India] which we have previously discussed here, it would seem that the Petitioners have an extremely strong case. A Spicy IP post discussing the two petitions is available here.

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