Article contributed by Heema Shirvaikar, Intern at BananaIP Counsels, 3rd-year Law Student at Symbiosis, Pune.
Facts and brief history of case:
In 2011, a Writ Petition was filed before the Madras High Court by Mr. Shamnad Basheer, seeking a Writ of Declaration, to declare the establishment of the Intellectual Property Appellate Board (IPAB) under the Trade Marks Act, 1999, and the Patents Act, 1970 as violative of the basic structure of the Constitution of India.
Shamnad Basheer, founder of…