Spicy IP reports that two writ petitions have been admitted by the Madras High Court challenging the constitutionality of the Intellectual Property Appellate Board (IPAB) [Shamnad Basheer v. Union of India] and the Copyright Board [SIMCA v. Union of India]. The challenge is based on separation of powers grounds; and if one were to apply the principles laid down by the Supreme Court in the NCLT case [R. Gandhi v. Union of India] which we have previously discussed here, it would seem that the Petitioners have an extremely strong case. A Spicy IP post discussing the two petitions is available here.
