Section 116:
Appellate Board.
1[116. Appellate Board.--(1) Subject to the provisions of this Act, the Appellate Board established
under section 83 of the Trade Marks Act, 1999 (47 of 1999) shall be the Appellate Board for the purposes
of this Act and the said Appellate Board shall exercise the jurisdiction, power and authority conferred on
it by or under this Act:
Provided that the Technical Member of the Appellate Board for the purposes of this Act shall have
the qualifications specified in sub-section (2).
(2) A person shall not be qualified for appointment as a Technical Member for the purposes of this
Act unless he--
(a) has, at least five years, held the post of Controller under this Act or has exercised the
functions of the Controller under this Act for at least five years; or
(b) has been for at least ten years, functioned as a Registered Patent Agent and possesses a degree
in engineering or technology or a masters degree in science from any University established under
law for the time being in force or equivalent;
2* * * * *
Notes:
1. Subs. by Act 38 of 2002, s. 47, for Chapter XIX (w.e.f. 20-5-2003).
2. Clause (c) omitted by Act 15 of 2005, s. 60 (w.e.f. 2-4-2007).