Removal of timeline extending guideline in IP matters
The Hon’ble Controller General of Patents, Designs and Trademarks (CGPDTM) vide its notification dated May 18, 2020 had extended the period or timeline for completion of various acts/proceedings, filing of reply/document, payment of fees, etc. in IP matters which were filed with offices under the administrative control of the CGPDTM and wherein the due date fell between March 15, 2020 to May 17, 2020, till June 01, 2020. The said notification dated May 18, 2020 can be accessed over here.
Thereafter, the Hon’ble Delhi High Court, vide its order dated May 21, 2020[1] which can be accessed over here, in the case of Intellectual Property Attorneys Association (IPAA) and Anr. Vs. the Controller General of Patents, Designs and Trademarks and Anr. W.P. (C) No. 3059/2020, the stayed the effect of public notices dated May 18, 2020 and May 20, 2020, with respect to such due dates and then again on June 17, 2020,[2] held that the said interim order shall continue to operate. The June 17, order can be accessed over here
In lieu of the same, the CGPDTM, vide its notification dated June 19, 2020[3] which can be accessed over here, notified to all the stakeholders that the public notice dated May 18, 2020 stood effectively withdrawn and the timeline or period for the completion of such acts or proceedings, filing of reply or document, payment of fees, etc. falling due after March 15, 2020, would now be determined as per the orders of the Hon’ble Court, as the case may be.
[1] Intellectual Property Attorneys Association (IPAA) and Anr. Vs. the Controller General of Patents, Designs and Trademarks and Anr. W.P. (C) No. 3059/2020; http://www.ipindia.nic.in/writereaddata/Portal/News/690_1_HC_Order-21_May_2020.pdf; accessed on June 22, 2020
[2] Intellectual Property Attorneys Association (IPAA) and Anr. Vs. the Controller General of Patents, Designs and Trademarks and Anr. W.P.(C) 3059/2020; http://www.ipindia.nic.in/writereaddata/Portal/News/690_1_HC_Order-17_June_2020.pdf; accessed on 22 Jun. 20
[3] http://www.ipindia.nic.in/writereaddata/Portal/News/690_1_Public_Notice-19_June_2020.pdf; accessed on June 22, 2020