Section 85 of Trademark Act, 1999: Qualifications for appointment as Chairman, Vice-Chairman, or other Members.

Section 85 of Trademark Act, 1999:

Qualifications for appointment as Chairman, Vice-Chairman, or other Members.

Qualifications for appointment as Chairman, Vice-Chairman, or other Members.—
(1) A person shall not be qualified for appointment as the Chairman unless he—
(a) is, or has been, a Judge of a High Court; or
(b) has, for at least two years, held the office of a Vice-Chairman.
(2) A person shall not be qualified for appointment as the Vice-Chairman, unless he—
(a) has, for at least two years, held the office of a Judicial Member or a Technical Member; or
(b) has been a member of the Indian Legal Service and has held a post in Grade I of that Service or any higher post for at least five years.
(3) A person shall not be qualified for appointment as a Judicial Member, unless he—
(a) has been a member of the Indian Legal Service and has held the post in Grade I of that Service for at least three years; or
(b) has, for at least ten years, held a civil judicial office.
(4) A person shall not be qualified for appointment as a Technical Member, unless he—
(a) has, for at least ten years, exercised functions of a tribunal under this Act or under the Trade and Merchandise Marks Act, 1958 (43 of 1958), or both, and has held a post not lower than the post of a Joint Registrar for at least five years; or
(b) has, for at least ten years, been an advocate of a proven specialised experience in trade mark law.
(5) Subject to the provisions of sub-section (6), the Chairman, Vice-Chairman and every other Member shall be appointed by the President of India.
(6) No appointment of a person as the Chairman shall be made except after consultation with the Chief Justice of India.
The Trade Marks ACT, 1999

 

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