The applicants of all Intellectual Property Rights (IPRs) can directly file Special Leave Petition (SLP) before the Hon’ble Supreme Court against any order of Intellectual Property Appellate Board (IPAB). They can also prefer writ petition before the High Court against orders of IPAB and IP offices by invoking Article 226 of the Constitution of India and then file SLP before the Supreme Court.

Ministry of Law & Justice only vets the amendments proposed by concerned Ministry or Department. As provisions for filing SLP directly against orders of IPAB and also against writ petitions disposed by High Court with respect to orders of IPAB and IP offices are in place and there is no proposal under consideration for such amendment by Department for Promotion of Industry and Internal Trade (DPIIT).

This information was given by the Minister of Commerce and Industry, Piyush Goyal, in a written reply in the Rajya Sabha today.

Special Leave Petition access preserved against IPAB orders; petitioners may directly challenge IPAB and seek writ remedies. Holders of intellectual property rights may directly file a Special Leave Petition against Appellate Board orders or pursue a writ petition under Article 226 against Appellate Board and IP office decisions; the Ministry of Law and Justice only vets departmental amendment proposals and no amendment to alter these remedies is presently proposed.