85Qualifications for appointment as Chairperson, Vice-Chairperson, or other Members

(1) A person shall not be qualified for appointment as the ¹[Chairperson] 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 ²[Vice-Chairperson].

(2) A person shall not be qualified for appointment as the ²[Vice-Chairperson], 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 ¹[Chairpeson], ²[Vice-Chairperson] and every other Member shall be appointed by the President of India.

(6) No appointment of a person as the ¹[Chairperson] shall be made except after consultation with the Chief Justice of India.