- All provisions of sections 84 (Sub-Sections 2 to 6), 87, 92 and 96 of Trademarks Act, 1999 shall apply for the Appellate Board too to execute its functions as if according to the Trademarks Act, 1999.
Those mentioned in the Trademarks Act, 1999 in the corresponding sections are,
The Chairman is the head of the Appellate Board.
Section 84:
- A bench of the Appellate Board shall consist of a Technical Member and a Judicial(Legal) Member and the office of the Appellate Board shall be as designated by the Central Government from time to time.
- The Chairman of the Appellate Board may
- also execute his functions as a Judicial or Technical Member as per different situations in any bench,
- transfer members from one bench to other,
- may authorize the vice chairman or any member of any bench to also execute the duties in another bench at any time.
- The Central Government may at anytime from time to time distribute the works and duties specifying the matters accordingly to any bench after notification
- On any questions or doubts regarding any cases, the decision of the Chairman shall be final.
- When there is a difference of opinion between the members of any bench at anytime, the Chairman shall hear or shall appoint other members to hear the difference as they state and the decision of majority including the members who first heard the difference shall be final.
Section 87:
- Upon absence of the Chairman temporarily due to illness or vacation or on leave conditions and on long terms due to death or resignation or any other reasons; the Vice Chairman shall execute the functions of the Appellate Board and if the Vice Chairman is also not present, the senior most member of the Appellate Board shall execute the functions as the Chairman.
Section 92:
- The Appellate Board is not bound by the Code of Civil Procedures (like the Court); it shall work on the principles of natural justice subject to the rules and shall fix the time and location of hearing at its will.
- The Appellate Board shall have the same powers of Civil Court on activities of enquiries such as
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receiving evidence;
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issuing commissions for examination of witnesses;
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requisitioning any public record; and
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any other matter as prescribed.
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- The Appellate Board shall be considered to be Civil Court and any proceeding in the Appellate Board shall be considered to be a Judicial Proceeding as per the Indian Penal Code and all orders shall have the same effect as if ordered by a Court.
Section 95:
- The Appellate Board shall not pass interim orders (an order made pending before final decision) on any proceedings unless
- the opposing party (party against whom it is appealed) is furnished with copies of such appeal for an interim order and all documents in support of such appeal and the opposing party is given an opportunity to be heard.
Section 96:
- When an application is made to the Chairman for change of bench by any of the parties in dispute requesting to change the enquiry from one bench to another; the Chairman shall hear to the parties and after giving a notice or without giving any notice to the bench shall transfer the case to be disposed to another bench.