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India Supreme Court decision calls into doubt future of IP Appellate Board

Peter Leung, Washington DC

The Supreme Court has dismissed the government’s special leave petition seeking to overturn the Madras High Court’s decision that IP Appellate Board (IPAB) technical members were acting in judicial roles in violation of the Constitution

Last week's decision, which stems from litigation initiated by blogger and professor Shamnad Basheer, highlights the IPAB’s tenuous legal foundation. The IPAB is a tribunal within the executive branch which has functioned in a judicial role as the only specialist...

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