IPAB complains lack of manpower, infrastructure as major hurdles

The Intellectual Property Appellate Board (IPAB), which handles the disputes related to various intellectual property, trademark and geographical indications issues in the country, is facing various major hurdles including inadequacy in human resources, lack of suitable infrastructure and lack of sufficient funds for its operations.

However, there are some positive steps from the government, which could help the Board to overcome some of the existing challenges, says the Board in its latest Annual Report.

According to the Report, the phenomenal growth of the workload since inception has not been complemented by way of creation of additional posts. “Despite the complete utilization of the human resources, the progress of the Board is likely to decelerate due to the shortage of staff,” says the report without giving out any details of the staff shortage.

“The second major problem faced by the Board is the lack of a suitable infrastructure for the Board both at the Headquarters and at some of the Circuit Sittings,” it added. The Board has been raising these issues, of the lack of adequate manpower and infrastructure, in the past also. It has also submitted a report regarding the problems it face, with the Madras High Court, earlier.

However, on the positive side, the Board is likely to get some additional space that has been identified in the existing premises.

It also complained on the allocation of insufficient funds, which lead the Board to reduce the circuit sittings in the last quarter of the financial year 2012-13. While the numbers were not available, the Board use to conduct circuit sittings in various cities including Delhi, Mumbai, Kolkatta and Ahmedabad, besides the sittings in its headquarters in Chennai.

“For the year 2013-14 also, there has been no change in the allocation of funds and the amounts under almost all the heads are similar to the ones found in 2012-13.  The funds allocated are clearly insufficient. This becomes a severe handicap to the smooth functioning of the Board in all respects,” added the report. The Chairman has expressed the grievous hardship that the IPAB will face in holding the circuit hearings, it said.

According to the demands for grants for 2013-14, from the Ministry of Commerce and Industry, the budget for 2011-12 for the Board was Rs 2.22 crore, which was increased to Rs 3.06 crore in the next fiscal year as per the revised budget for 2012-13 and the budget estimate for 2013-14, the allocation is Rs 3.05 crore.

However, the strengthening of the Board has been included under the plan scheme of the Government under the 12th Five Year plan and an initial allocation, mostly as a token, has already been made and the strengthening of the Board, it added.

The Board noted that the disposals during the year 2012-13 was a  total number of 362 cases, including 310 trademark matters and 52 patent matters, while the filing has also been steadily growing on the Original and Appellate jurisdiction.

The Board, which entered into its 10th year of existence in 2012, has disposed 390 cases including 344 trademark cases and 46 patent cases during 2011-12.