This raises a fundamental issue in relation to the jurisdiction of various tribunals and boards set up under special laws as against the extraordinary jurisdiction of the High Court under Articles 226 and 227 of the constitution. The IPAB is a specialized appellate authority constituted under the Trade Marks Act, 1999 to hear appeals from the orders of the Registrar of Trade Marks. As soon as the government notifies, the IPAB will also start hearing appeals from the decisions and orders of the Controller General of Patents and Designs. The specialized tribunals and boards have taken away the appellate jurisdiction of the high courts under a number of special laws.
The bare facts of this case do not attract serious attention. But the case deserves attention because of the unusual step the judge took when he directed the government to expedite the appointment to the IPAB. This shows the judiciary's resolve to develop an efficient IP system in India.