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India IP Update: All IP Deadlines extended till June 01, 2020

May 19, 2020

The Office of Controller General of Patents, Designs and Trade Marks (CGPDTM) has vide its public notice dated May 18, 2020 extended the timeline / period for completion of various acts/activities, filing of any reply/document, payment of fees, etc. regarding any IP applications filed with the offices under the administrative control of the O/o CGPDTM, till June 01, 2020[1].

The aforesaid notification has been issued by the CGPDTM in the wake of further extension of nation-wide lockdown till May 31, 2020 vide order dated May 17, 2020 by the Ministry of Home Affairs, Government of India.

It is also been notified that the rights of individuals or applicants seeking extension of time / condonation of delay under various provisions of the relevant Acts and Rules in respect of these IP applications will remain unaffected.

IP E-Filing Services in India are operational and remain unaffected by lockdown

It is pertinent to mention that all the IP offices under administrative control of the Office of CGPDTM have already been functioning since April 20, 2020 and the e-filing services of the Offices of CGPDTM are operational 24×7 and remain unaffected amidst the lockdown.

The Office of CGPDTM, had vide another Public Notice dated May 04, 2020 extended the timeline / period for completion of various acts/activities, filing of any reply/document, payment of fees, etc. regarding any IP applications filed with the offices under the administrative control of the Office of CGPDTM, till May 18, 2020.

However, the operation of the said notice was suspended vide an order dated May 11, 2020 passed by the Hon’ble Delhi High Court in the matter of Intellectual Property Attorneys Association vs. Controller General of Patents, Designs & Trade Marks (W.P.(C) No.3059/2020) wherein it was held that the Public Notice dated May 04, 2020 is contrary to the order dated March 23, 2020 passed by the Hon’ble Supreme Court, in suo moto cognizance writ petition In Re: Cognizance For Extension Of Limitation (Suo Moto Writ (Civil) No. 3 of 2020), in light of which the Office of CGPDTM has issued the current pubic notice.

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[1] http://www.ipindia.nic.in/writereaddata/Portal/Images/pdf/Public_Notice_dated_18-5-2020.pdf

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