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India To Scrap Intellectual Property Appellate Board: Should Pharma Worry?

 
• By Anju Ghangurde

Legal experts tell the Pink Sheet why India’s plans to abolish the Intellectual Property Appellate Board and shift its powers to courts may be problematic for stakeholders, including those pursuing infringement charges. The transition could mean a significant burden on courts both in terms of capability and capacity, and IPR cases will now conflate into all other pending commercial matters, some experts said, though others cheered the proposed change.

Intellectual Property text on colorful broken background
Will India's Plans To Dismantle the IP Appellate Board Hurt Pharma? • Source: Shutterstock

India has proposed to dismantle its Intellectual Property Appellate Board (IPAB) and transfer its powers to courts, raising a range of questions around whether innovators including pharma may potentially be better or worse off in the new paradigm when it comes to safeguarding their patents.

It’s a divided house, with some legal experts highlighting a range of concerns about cases moving over to the already overburdened and backlog-heavy Indian courts, while other suggest it’s a welcome move, noting, among other

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