DELHI HC STAYS OPERATION OF PUBLIC NOTICES DATED 18th AND 20th MAY 2020 ISSUED BY CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS (CGPDTM) AND COPYRIGHT OFFICE REGARDING EXTENSION OF DUE DATES – Eshwars
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DELHI HC STAYS OPERATION OF PUBLIC NOTICES DATED 18th AND 20th MAY 2020 ISSUED BY CONTROLLER GENERAL OF PATENTS, DESIGNS AND TRADEMARKS (CGPDTM) AND COPYRIGHT OFFICE REGARDING EXTENSION OF DUE DATES

The CGPDTM had issued a Public Notice dated 18th May 2020 with respect to due dates for completion of various acts/proceedings, filing of reply/document, payment of fees, etc. In the said Public Notices the CGPDTM notified that the deadlines falling between 15.03.2020 and 17.05.2020 stand extended to 01.06.2020. It is worthwhile to note that the Hon’ble Supreme Court of India vide its order dated 23rd March 2020, took suo moto cognizance of the difficulties and challenges faced by litigants in filing petitions/appeals /suits and other proceedings within the timelines laid down by various Statutes extended the limitation prescribed under the General Law or the Special Law with effect from the 15th March 2020 until further orders. While this was the case the Public Notice issued by the CGPDTM, which extended the deadlines falling between 15th March 2020 and 17th May 2020 only until the 1st June 2020 was felt to be grossly violative of the aforesaid orders of the Hon’ble Supreme Court and hence aggrieved by these Public Notices the validity of the same was challenged before the Hon’ble High Court of Delhi by the INTELLECTUAL PROPERTY ATTORNEYS ASSOCIATION (IPAA) vide a writ petition. Consequently the Hon’ble High Court of Delhi vide its interim order dated 21st May 2020 stayed the operation of the aforesaid Public Notice and issued notice to the CGPDTM. The said matter came up for hearing on the 17th June 2020 through video conferencing and the Hon’ble High Court of Delhi vide its order dated 17th June 2020 confirmed the continued operation of its earlier interim order dated 21st May 2020 staying the Public Notice of the CGPDTM and thereby directed the CGPDTM to take necessary steps by issuing appropriate notifications on its website intimating the public of the stay of operation of its earlier Public Notice. Consequentially the CGPDTM has issued a Public Notice dated 19th June 2020 withdrawing the Public Notice dated 18th May 2020 and thereby the timelines/periods for the completion of various acts/proceedings, filing of any reply/document, payment of fees, etc. falling due after 15.03.2020, shall be the date as decided/ordered by the Hon’ble Supreme Court. On the above similar lines, the Copyright Office has also issued a Public Notice dated 19th June 2020 withdrawing its earlier public notice and thereby confirming that the timelines for completion of various acts shall be as ordered by the Hon’ble Supreme Court.

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