Rajasekaran Associates
Last date for completing various actions under IP Laws- Court to decide
Delhi High Court once again categorically stated today, the last date to satisfy any limitation requirement under any law, including various IP laws, is the date to be pronounced by the Supreme Court later.
When the Office of CGPDTM began issuing public notices contrary to the Supreme Court Order dated 23.03.2020 where it had ordered "that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e.f. 15th March 2020 till further order/s to be passed by this Court in present proceedings", IIPA approached the Delhi High Court to rescind CGPDTMs public notices.
In its order dated 21.05.2020, the Delhi High Court had stated that, "Plain reading of the order dated 23.03.2020 makes it clear that the Supreme Court has extended the periods of Limitation in respective proceedings, irrespective of the Limitation period prescribed under the General Law or any Special Statute and the extension is to continue until further orders passed by the Court in the said petition. It is thus not open to any Court, Tribunal or Authority to impose timelines on the Limitation period, even if it is prescribed under a Special Statute. The order of the Supreme Court is as much binding on Respondent No.1 as on any other Court or Tribunal. It is not understood what prompted Respondent No.1 to issue the impugned Public Notice in the backdrop of the order dated 23.03.2020 as also order dated 11.05.2020 passed by this Court suspending the operation of its earlier Notice dated 04.05.2020, issued on similar lines." Office of CGPDTM accepted to make amends and withdraw the earlier orders changing timelines for completion of various acts/proceedings, filing of reply/document, payment of fees, etc . It withdrew the order, but in its place issued another order asking the applicants to petition the Controller for extension of time.
Once again petitioners approached the Court. This time the Court categorically said its earlier order stands, and no notices can be issued by the CGPDTM contrary to the Supreme Court dated 23.03.2020
Link to Delhi High Court Order
http://ipindia.nic.in/writereaddata/Portal/News/690_1_HC_Order-17_June_2020.pdf
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