Clarification on stay of infringement proceedings
In Patel Field Marshal Agencies v PM Diesels Ltd (Civil Appeal 4767-4769 of 2001), the Supreme Court has considered and interpreted Sections 107 and 111 of the Trade and Merchandise Marks Act 1958 (now Sections 125 and 124 of the Trademarks Act 1999) in the context of the exercise of jurisdiction by the Intellectual Property Appellate Board (IPAB) (now the High Court under the 1999 act). These provisions relate to stay of infringement proceedings before a court, where the validity of trademark registration is questioned.
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