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CGPDTM’S NOTICE ON EXTENSION OF LIMITATION PERIOD

May 24, 2021

The Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) has issued another public notice dated May 21, 2021 in furtherance to the Hon’ble Supreme Court’s order dated April 27, 2021 in the case of extension of limitation period[1].

SC’s extends Limitation Period in all cases

Earlier the Learned Controller General notified to all the stakeholders that period of limitation shall be computed in accordance with the Apex Court’s order dated March 08, 2021 as passed in Suo Motu Writ Petition (Civil) No. 3 of 2020 (In Re: Cognizance for Extension of Limitation[2]. The said order lifted the extendable limitation in light of stability observed nationwide, and instead computed the period of limitation to be adhered by all stakeholders[3]. Thereafter, in view of the recent upsurge of the coronavirus cases in India, the Apex Court restored its order dated March 23, 2020 and in continuation of the  order dated March 08, 2021 directed that the period(s) of limitation, as prescribed under any general or special laws in respect of all judicial or quasi-judicial proceedings, whether condonable or not, shall stand extended till further orders to minimise the hardship to litigant-public vide an order passed dated April 27, 2021 in Miscellaneous Application No. 665/2021 in SMW(C) No. 3/2020[4].

In view of the aforesaid holding of the Hon’ble Supreme Court, the Office of the Learned Controller General has now issued the following public notice:

“Therefore, it is hereby notified to all the stakeholders that the Public Notice dated 24.03.2021 stand withdrawn and timelines/periods for the completion of various acts/proceedings, filing of any reply/document, evidences, payment of fees, etc. falling due after 15.03.2020, shall be the date as decided/ordered by the Hon’ble Supreme Court”.

[1] https://ipindia.gov.in/writereaddata/Portal/News/725_1_21.5.2021_Public_Notice-Final.pdf

[2] https://ssrana.in/articles/cgpdtm-notice-supreme-courts-order-limitation/

[3] 721_1_24.03.2021_Public_Notice.pdf (ipindia.gov.in)

[4] https://ssrana.in/articles/supreme-court-extends-limitation-period/

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