Intellectual Property Appellate Board has held that it has the powers to review its own order in certain conditions.
IPAB, the highest body in the court for matters relating to patents and trade marks in the country, also said that it had the powers to grant interim orders pending final application, based on various guidelines.
Two larger benches of the IPAB were recently constituted here to decide its power to review its own order and to decide its power to grant interim orders pending or final application.
On the reason for constituting two larger benches, the Board said in an order dated July 8 "We had constituted the Larger Bench only because there were different views in the various decisions of the Board itself and in law there should be certainty. With that view alone and in the interest of justice this Larger Bench heard this question."
"...We answer the question in the affirmative as above," IPAB Chairman Justice Prabha Sridevan, Vice Chairman Usha and Technical Member (Trade Mark) V Ravi said, in the order on the power to review its own order.
The orders passed by IPAB are final and there was no appeal and considering various rules and regulations, the remedy of review must exist, it said.
In another order, a bench comprising Justice Prabha Sridevan, Vice Chairman Usha and Technical Member (Patent) D P S Parmar said that it has the power, based on certain guidelines, in order to avoid injustice.
It also said that when in cases seeking for an interim order, the Board would see if the main prayer could be decided expeditiously.
